IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.462 OF 2008 Anil K.Kelkar & Ors. ..Appellants Versus Municipal Corpn. of Greater Mumbai..Respondents ---- Mr.H.S.Moorti i/by D.R.Tiwari for the appellants. Mr.J.J.Xavier for respondent/BMC. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 21.04.2008. PC 1. Heard both sides. 2. A compilation has been filed by the appellants who were the original plaintiffs, placing on record the documentary evidence. The suit was filed by the appellants (original plaintiffs) challenging the order passed under 351 proceedings on 17.9.2004. The order impugned in the suit was passed by the Assistant Commissioner (R) South Ward. On perusing the proceedings, it appears that the notice under Section 351 pertaining to the illegal construction of 1st floor was issued. The documents of the plaintiffs in fact shows that the ground floor was a temporary structure. The plaintiffs could not show that the first floor was legal and constructed in pursuance of the sanctioned plan. Even today, no : 2 : document is produced to show that the said construction was legal. Advocate for the appellants states that he should be permitted to apply for regularisation in accordance with rules. This being the position, there is no substance in the First Appeal and the same is rejected. 2. It is directed that if plaintiffs apply for regularisation within 8 weeks from today, then in that case, the respondents will consider and dispose off the said application in accordance with prevailing rules and laws within 8 weeks from the date of receipt of the application. The said application will be disposed off after hearing the original plaintiffs and with the reasoned order which should be communicated to the plaintiffs within 2 weeks from the date of passing of the order. It is further directed that the decree will be stayed and not be executed for a period of 18 weeks. One further condition for grant of stay is that the plaintiffs will not create any third party interest or part with any possession of the disputed premises or any part thereof for 16 weeks. After a period of 16 weeks, the respondents will be at liberty to take further proceedings in accordance with law. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)