1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3741 OF 2002 Dattatraya Haribhau Shinalkar ..Petitioner Vs. The State of Maharashtra & Anr. ..Respondents Shri S.M.Oak for the Petitioner Shri A.I.Patel AGP for State CORAM: P.B.MAJMUDAR AND R.M.SAVANT JJ 10th June, 2010 P.C. 1. This petition, filed under Section 226 of the Constitution of India, takes exception to the notification dated 17-11-2001 issued by respondent No.1 in exercise of the powers conferred by Section 3(3) of the Bombay Provincial Municipal Corporation, 1949, extending the limits of the Municipal Corporation so as to remove a part of village Mundhawa from the territorial limits of the 2 Municipal Corporation. The petitioner has challenged the said notification inter alia on the ground that inclusion of only a part of the village within the extended limits of the Municipal Corporation would deprive the rest of the villages from the facilities such as education, water supply, electricity etc., which were being provided to the entire village, since its inclusion in the limits of respondent No.2. 2. The issue extending the limits of the Municipal Corporation in exercise of the powers under Section 3(3) of the said Act is no more res-integra and is covered by the Judgment of the Apex Court reported in AIR 1990 S.C.361 in the matter of Sunderjas Kanyalal Bhatija & ors. Vs. Collector Thane, Maharashtra. The Apex Court in the said Judgment has held that the enlargement/extension of the municipal area in exercise of the powers under Section 3 of 3 the said Act amounts to legislative action and, therefore, the principles of natural justice are not attracted in the matter of granting hearing to the affected parties. In the light of the Judgment of the Apex Court (Supra), there is no merit in the above petition which is accordingly dismissed and Rule discharged. (R.M.SAVANT J.) (P.B.MAJMUDAR J.)