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Bombay High CourtAO/239/2016disposed off

Smt. Santosh Prakashkumar Sinha v. Mumbai Municipal Corporation Of Greater Mumbai And ORS

2016-03-29Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 10.AO239.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 239 OF 2016 WITH CIVIL APPLICATION NO. 315 OF 2016 Smt.Santosh Prakashkumar Sinha, Proprietor of M/s.Santosh Copy Centre, Fort, Mumbai­23.

... Appellant/Applicant v/s Mumbai Municipal Corpn. & ors.

... Respondents Mr.Mohan Jadhav for the appellant/applicant.

Mr.A.V.Diwate for the respondent B.M.C.

CORAM: N.M. JAMDAR, J.

DATED : 29 MARCH 2016 P.C.:

Learned counsel for the appellant submitted that the Appellant is desirous of making an application for regularization of structure. This submission clearly means that the Appellant is not contesting the conclusion reached by the Corporation that the structure in question is unauthorized. The Appellant makes an application for regularization within a period of two weeks from today annexing all the relevant documents, which the learned counsel for the Appellant states are ready and available with the Appellant.

bsb 2 10.AO239.16.doc In view of this position, the Appellant will not seek an extension of the above time period on the ground that necessary documents are not available. After such an application for regularization is made, the corporation will dispose of the same preferably within a period of four weeks from today on its own merits. Till the application is disposed of, the structure of the Appellant will not be demolished.

The appeal is disposed of accordingly.

In view of disposal of the appeal, the civil application does not survive and is disposed of.

( N. M. JAMDAR, J. )