1 fa852 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.852 OF 2011 M/s.Jyoti Builders & Ors. ...Appellants vs. Municipal Corporation of Greater Bombay & Anr. ...Respondents Ms Jameela Damani for the appellants Mr.Vinod Mahadik for respondent no.1 Mr.T.I.Sukhadia for the respondent no.2 CORAM : A.S.OKA,J. DATE : JULY 13, 2011 P.C.: 1 The learned counsel for the appellants on instructions of the appellants seeks permission to withdraw the Appeal as the appellants desire to apply for regularization of the alleged offending structure. She submitted that the application for regularization be ordered to be considered without being influenced by the communication dated 7th May 2007. She prays that ad- interim relief may be continued for a reasonable time. 2 Hence, I pass the following order : i) Appeal is dismissed as withdrawn. ii)Notwithstanding the dismissal of the Appeal, it will be open for the appellants to apply for regularization of the offending structure by making an application to the Executive Engineer (Building Proposal), Western Suburbs of the first respondent. iii)Application for regularization shall be made through a licensed Architect. If such application is made, the same shall be decided on its own merits 2 fa852 without being influenced by the communication dated 7th May 2007. iv)It is clarified that earlier application for regularization made by the Appellants has not been rejected on merits. v) If application for regularization is made by the appellants within a period of eight weeks from today, the same shall be decided by the concerned Officer within a period of twelve weeks from the date of filing of the application. Order passed on the said application shall be communicated either to the Appellants or to their Architect within a period of one week from the date of passing order. vi) If application for regularization is made within a period of eight weeks from today, ad-interim relief granted by this Court will continue to operate till the disposal of the application for regularization. If the order passed on application for regularization is adverse to the appellant, ad- interim relief will continue to operate for period of six weeks from the date on which the order on regularization application is communicated to the appellant. vii)If the appellant fails to apply for regularization within a period of eight weeks from today, protection granted to the appellants will not apply on expiry of eight weeks from today and the first respondent will be free to proceed with the action of demolition. viii)Civil application no.1641 of 2011 does not survive and the same is disposed of. ix)Parties to act upon an authenticated copy of this order. JUDGE