1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 182 OF 2010 Vidya Vaibhav Shikshan Mandal ..Petitioner versus Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. V.S. Kapse a/w Mr. P. S. Tiwari for Petitioner Ms.S.A. Modale for Respondent BMC Ms. Shradha Chavan i/b Suresh Mumar for Respondent No.4. CORAM : F.I. REBELLO & A. A. SAYED , JJ. DATED : 18TH MARCH, 2010. P.C. 1 An affidavit has been filed by Ganesh C. Bendre, the Assistant Engineer (Maintenance), in which he points out that the Municipal Corporation itself has constructed a structure which is meant for Balwadi. It is set out that the structure is at the dead end of a 60 feet width D.P. Road and was constructed as suggested by the Local Municipal Councillor for which sanction was granted and thereafter the construction of the Balwadi was carried out. It is also pointed out that a map has been filed to show that the said Balwadi does not cause any obstruction to ingress and egress of the students of the petitioner school. 2 2 Considering the controversy, in our opinion this will not be a fit case to interfere in exercise of extra ordinary jurisdiction of this Court. However, liberty is given to the petitioner that in the event the said structure is used for any purpose other than the Balwadi, to move this Court and dismissal of this petition will not stand in their way. 3 We further make it clear that the structure at no point of time will be used for the purpose other than Balwadi unless the permission is obtained from this Court and this Court would grant permission after hearing the petitioner. 4 With the above observations the petition is dismissed. (F.I. REBELLO J.) ( A. A. SAYED, J.)