1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 903 OF 2009 with CIVIL APPLICATION NO.2596 OF 2009 Mehboob Khan ..Appellant versus The Municipal Corporation of Gr. Bombay ..Respondent Ms.Shashtri for the appellant Mr.Mahadik for the respondent CORAM : R.Y.GANOO, J. DATE : 30th JUNE, 2009. P.C: 1. In the midst of arguments, learned Advocate Ms.Shashtri submitted that the appellant would be interested in applying for regularization of the suit structure. In view of this appeal can be disposed of. 2. Appeal is admitted. Mr.Mahadik waives notice 2 for admission. Appeal is taken up for final hearing. 3. Respondent Corporation issued notice under Section 351 in regard to structure, more particularly set out in the said notice. The appellant filed his reply to the said notice which was considered by the Officer of the Corporation and he observed that the suit structure is unauthorised. The decision of the Corporation came to be challenged by the appellant by filing the suit in the City Civil Court, Bombay, being Long Cause Suit No.114 of 2003. The learned Judge of the City Civil Court, Bombay, by its judgment and decree dated 16.5.2009 dismissed the suit, against which this first appeal is filed. 4. As the appeal was taken up for hearing, learned Advocate Ms. Shashtri submitted that her client is interested in applying for regularization of the suit structure. If this is the position, the court may be able to grant permission to the appellant 3 to tender an application for regularization. Mr. Mahadik, learned Counsel for the respondent submitted that the suit structure is patently unauthorized and therefore there is no question of regularization of the same. In view of the above, the following order is passed. ORDER i. Appellant is free to file application for regularization through an Architect. This application should be filed in the office of Executive Engineer, Building & Proposal, City, having its office at Byculla on or before 10.8.2009. ii. Once the proposal is filed, the Corporation shall consider the proposal on merits and communicate its decision to the appellant or Architect of the appellant. iii. Till the decision on the proposal is arrived at, the Corporation shall not demolish the suit 4 structure. If the decision arrived by the Corporation is against the appellant, the Corporation shall not demolish the suit structure for a period of three weeks from the date of service of the decision upon the appellant or the architect. iv. If the appellant fails to file proposal on or before 10.8.2009, it will be deemed that the appellant is not interested in filing the proposal and in that case the judgment and decree passed by learned Judge of the City Civil Court, being Judgment and decree dated 16.5.2009 in aforesaid Suit No.114 of 2003 shall stand confirmed without any further order from this court. If the said proposal for regularisation is not filed on or before 10.8.2009 w.e.f. 11.8.2009 the Corporation will be free to demolish the structure without any further order from this Court. v. This Court has not expressed any views on the merits of the matter. 5 vi. Appeal is disposed of in above terms with no order as to costs. vii. In view of the disposal of the first appeal, Civil Application No.2576 of 2009 does not survive and the same is disposed of with no order as to costs. (R.Y.Ganoo, J.)