IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.622 of 2009. FIRST APPEAL NO.622 of 2009. FIRST APPEAL NO.622 of 2009. with with with CIVIL APPLICATION NO.1917 OF 2009. CIVIL APPLICATION NO.1917 OF 2009. CIVIL APPLICATION NO.1917 OF 2009. D.Gopal J. Belcheda ..Appellant (Original Plaintiff) versus Municipal Corporation of Gr.Bombay ..Respondents Shri B.P.Shukla for the appellant. Mr.Xavier for the Corporation CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 29th April, 2009. DATED : 29th April, 2009. DATED : 29th April, 2009. P.C. 1. The appellant received notice under Section 351 of the Municipal Corporation Act as regards the structure, more particularly set out in the impugned notice. The appellant gave his reply to the Assistant Engineer and called upon the Corporation to drop the said notice. The said reply was considered and the Corporation Authorities recorded the finding that the suit structure is unauthorised. Being aggrieved by this decision of the Corporation, the appellant filed Long Cause Suit No.462 of 2005 in the City Civil Court, Bombay challenging the notice under Section 351 and the decision of the Corporation as stated -2- aforesaid. The learned Judge of the City Civil Court (hereinafter referred to as learned trial Judge) dismissed the suit by judgment and decree dated 7.3.2009. Against the said judgment and decree, this First appeal is filed. 2. As the first appeal was taken up for hearing, learned Advocate Mr. Shukla submitted that the appellant be permitted to tender a proposal for regularisation in the proper format. On hearing this, it was decided to dispose of the first appeal. Hence learned Advocate Mr. Xavier waived notice of the first appeal. Accordingly, first appeal is being decided by passing the following Order. ORDER i. As the appellant wants to tender a proposal for regularisation, he is free to do so by addressing a proper proposal along with documents through a regular architect. The said proposal should be addressed to the Executive Engineer, Building Proposal Department, City, having its office at Byculla. Such a proposal should be submitted in the Office of the Executive Engineer -3- on or before 30.6.2009. ii. If such a proposal is submitted, the concerned Officer of the Corporation shall consider the said proposal and communicate his decision to the appellant. iii. From today, till 30.6.2009 the Corporation shall not demolish the suit structure. iv. If the proposal is filed, then during the time the said proposal is under consideration and till the decision is arrived at and is communicated to the appellant, the Corporation shall not demolish the suit structure. v. If the decision is against the appellant, the Corporation shall not demolish the suit structure for a period of two weeks from the date of service of rejection of the proposal upon the appellant. vi. If the appellant does not submit the proposal as stated aforesaid on or before 30.6.2009, it will be taken that the appellant is not interested in submitting the proposal and the -4- Corporation shall be free to demolish the said structure in accordance with the final decision arrived at by the Officer of the Corporation. vii. If the proposal is not submitted on or before 30.6.2009, the decision delivered by the learned trial Judge shall stand confirmed. viii. The appeal stands disposed of in above terms, with no order as to costs. ix. In view of the disposal of the appeal, Civil Application No.1917 of 2009 does not survive and the same is dismissed with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)