vsa 1 SA697_2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 697 OF 2011 WITH CIVIL APPLICATION NO. 33 OF 2008 Bhayander Jagruti Apartment Co-operative Housing Society Ltd. ).. Appellant Versus Mira Bhayander Municipal Corporation ).. Respondent Shri R.S. Suryawanshi, Advocate for the Appellant. Shri R.S. Apte, Senior Advocate for Respondent. CORAM : A.S. OKA, J. DATE : 7th DECEMBER, 2011. P. C. Heard the learned Counsel appearing for the appellant and learned Senior Counsel appearing for the respondent. After the appeal is argued for some time, the learned Senior Counsel appearing for the respondent on instruction states that as the appellant is claiming that their structure is authorized, the respondent corporation is ready and willing to give an opportunity of being heard to the appellant. He states that after giving an opportunity to the Appellant to file a reply along with documents, the Competent Officer of the respondent corporation shall pass an appropriate order. He states that only after the order is passed, the action of demolition will be taken. In view of the statements made by the learned Senior Counsel, on instructions, it is not necessary to keep the appeal pending and the same is disposed of by passing the following order: vsa 2 SA697_2011 1) The appellant shall file a reply setting out as to how the construction in question is legal and shall produce the relevant documents. The reply shall be addressed to the Commissioner of the respondent. The reply shall be filed on or before 3rd January, 2012. 2. After considering the reply and after giving an opportunity of being heard to the appellants, the concerned Officer of the respondent corporation shall pass an order dealing with the issue of legality of the construction. The said order of the respondent shall be deemed to be an order in accordance with Section 260 of the Bombay Provincial Municipal Corporations Act, 1949. 3. The order passed by the respondent Corporation shall be communicated to the appellant. If the said order is adverse to the appellant, the action of demolition shall not be taken on the basis of the said Order for a period of 6 weeks from the date on which the Order is communicated to the appellant. 4. It is made clear that all contentions of the parties as regards the legality and validity of the construction of the building of the appellant are expressly kept open. The issue shall be decided by the concerned Officer of the Municipal Corporation without being influenced by the Judgments of the Court below. It is made clear that the order passed by the Municipal Corporation shall be communicated at the address of the appellant disclosed in the cause title of the Second appeal. 5. The second appeal is disposed of on above terms. 6. Parties to act upon an authenticated copy of this order. vsa 3 SA697_2011 7. Civil Application No. 33 of 2008 does not survive, the same is disposed of. (A.S. OKA, J)