Mr. Kamesh Bhagwan Sajnani Thr. His Loa. Mr. K.V.Rajesh Iyer v. Brihanmumbai Municipal Corporation And Another

by VARSHA VIJAY RAJGURU Date:

2025.04.07 20:39:56 +0530 VARSHA VIJAY RAJGURU 39-ao-9-2025-ia-1619-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 92 OF 2025 WITH INTERIM APPLICATION NO. 1619 OF 2025 Mr. Kamesh Bhagwan Sajnani through his LOA Mr. K.V.Rajesh Iyer ... Appellant/Applicant vs.

Briihanmumbai Municipal Corporation and Anr ... Respondents Mr. Shobhit Shukla for Appellant Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for Respondent-BMC. Mr. Sachin S. Bhagat, JE, B & F, F/North Ward present. CORAM : GAURI GODSE, J.

DATED : 4th APRIL 2025 ORDER:

1.

Learned counsel for the appellant submits that the suit structure is a ground plus attic floor structure occupied by his licensee. He, however, submits that the appellant shall file an application for regularisation of the offending structure as described in the impugned notice. He submits that if the regularisation application is not decided favourably, the appellant shall remove the offending structure as described in the suit notice and restore the Page no. 1 of 2

39-ao-9-2025-ia-1619-2025.doc suit structure to its original position. He submits that necessary affidavit-cum-undertaking will also be filed by his licensee. 2.

To enable the learned counsel for the appellant to file appropriate affidavit-cum-undertaking, stand over to 25th April 2025. 3.

To be listed under the caption for 'direction'. 4.

Ad interim protection already granted to continue till the next date.

(GAURI GODSE, J.) Page no. 2 of 2