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 APPEAL APPEAL APPEAL FROM ORDER NO.636 OF 2008 FROM ORDER NO.636 OF 2008 FROM ORDER NO.636 OF 2008 Bharati Automobiles Pvt. Ltd. ... Appellants Vs. The Municipal Corporation of ... Respondents Greater Bombay & Anr. Mr. Shekhar Naphade, Sr. Counsel with Mr.Engineer & Ms. Khatri i/by M/s Vijay Kumar & Co. for appellants. Ms. Geeta Jaglekar for respondents. CORAM CORAM CORAM : S.J. VAZIFDAR, J : S.J. VAZIFDAR, J : S.J. VAZIFDAR, J. DATE DATE DATE : 2ND JULY, 2008 : 2ND JULY, 2008 : 2ND JULY, 2008 P.C. P.C. P.C. :- :- :- 1. Admit and heard finally. 2. No useful purpose would be served by passing an interim order and admitting this Appeal from Order. 3. Mr. Naphade on instructions states that the appellants agree and undertake to remove themselves and their belongings from the suit plot upon the land being acquired by the Government- respondents or any other authorities. The appellants further undertake to remove the loft / mezzanine floor within twelve weeks from today. Lastly the appellants undertake to remove the 2 mobile unit used for the security personnel on or before 1st November, 2008. 4. This leaves for consideration the challenge to the Show Cause Notice dated 10th February, 2006 and the order dated 29th December, 2007, in so far as the repairs to the structure are concerned. Admittedly, the permission for the same had been granted. It is now contended that the Deputy Municipal Commissioner did not have authority to grant the same. In that event, considering that the permission had in fact been granted the ends of justice would be met by permitting the appellants to make an application for regularisation / repairs to the appropriate authority i.e. the Executive Engineer, Building Proposal, Western Suburb. 5. The appellants are at liberty, without prejudice to their rights and contentions to make an application for regularisation / repairs to the Executive Engineer, Building Proposal, Western Suburb within eight weeks from today. 6. Pending the hearing and final disposal of the suit, status-quo in respect of the repairs to 3 the structures by both the parties is granted. 7. The impugned order is therefore set aside and the A.O. is accordingly disposed of.