1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL (ST) No.21803 of 2007 APPEAL (ST) No.21803 of 2007 APPEAL (ST) No.21803 of 2007 with with with CIVIL CIVIL CIVIL APPLICATION NO.4877 OF 2007 APPLICATION NO.4877 OF 2007 APPLICATION NO.4877 OF 2007 Nazirabai Nazirabai Nazirabai D.Shaikh D.Shaikh D.Shaikh ..Appellant ..Appellant ..Appellant vs vs vs Brihanmumbai Brihanmumbai Brihanmumbai Municipal Corpn.. Municipal Corpn.. Municipal Corpn.. ..Respondents ..Respondents ..Respondents Mr.D.S.Halwai Mr.D.S.Halwai Mr.D.S.Halwai i/b M/s M.P.Vashi & Associates i/b M/s M.P.Vashi & Associates i/b M/s M.P.Vashi & Associates for for for Appellant Appellant Appellant Mr.J.J.Zavier Mr.J.J.Zavier Mr.J.J.Zavier for Respondents for Respondents for Respondents CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 31st 31st 31st January, 2008 January, 2008 January, 2008 P.C. P.C. P.C. 1. 1. 1. Affidavit of the appellant is taken on record Affidavit of the appellant is taken on record Affidavit of the appellant is taken on record and and and marked X for identification. In view of the marked X for identification. In view of the marked X for identification. In view of the affidavit, affidavit, affidavit, following order is passed : following order is passed : following order is passed : O R D E R R D E R R D E R (i) (i) (i) Ist Appeal and C.A.No.4877 of 2007 stand Ist Appeal and C.A.No.4877 of 2007 stand Ist Appeal and C.A.No.4877 of 2007 stand dismissed dismissed dismissed as withdrawn. as withdrawn. as withdrawn. (ii) (ii) (ii) Notwithstanding the dismissal of the Notwithstanding the dismissal of the Notwithstanding the dismissal of the appeal, appeal, appeal, it will be open for the appellant to it will be open for the appellant to it will be open for the appellant to apply apply apply for regularisation to the concerned for regularisation to the concerned for regularisation to the concerned authority authority authority of the respondent-Corporation. If of the respondent-Corporation. If of the respondent-Corporation. If the the the application is made within a period of application is made within a period of application is made within a period of six six six weeks from today, the suit structure weeks from today, the suit structure weeks from today, the suit structure shall shall shall not be demolished for a period of 20 not be demolished for a period of 20 not be demolished for a period of 20 weeks weeks weeks from today. from today. from today. 2 (iii) (iii) (iii) If such an application is made within If such an application is made within If such an application is made within the the the aforesaid period, concerned authority aforesaid period, concerned authority aforesaid period, concerned authority will will will decide the same on its own merits decide the same on its own merits decide the same on its own merits within within within a period of 8 weeks from the date a period of 8 weeks from the date a period of 8 weeks from the date of of of receipt of the application. Order passed receipt of the application. Order passed receipt of the application. Order passed in in in the said application shall be intimated the said application shall be intimated the said application shall be intimated either either either to the Architect of the appellant or to the Architect of the appellant or to the Architect of the appellant or to to to the appellant. the appellant. the appellant. (iv) (iv) (iv) If the appellant fails to apply for If the appellant fails to apply for If the appellant fails to apply for regularisation regularisation regularisation within the stipulated time, within the stipulated time, within the stipulated time, it it it is open for the respondent-Corporation to is open for the respondent-Corporation to is open for the respondent-Corporation to proceed proceed proceed with the demolition on expiry of the with the demolition on expiry of the with the demolition on expiry of the period period period of six weeks from today. of six weeks from today. of six weeks from today. All All All concerned to act on an authenticated copy of concerned to act on an authenticated copy of concerned to act on an authenticated copy of this this this order. order. order. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 3