:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 4 OF 2009 CONTEMPT PETITION NO. 4 OF 2009 CONTEMPT PETITION NO. 4 OF 2009 IN IN IN WRIT PETITION NO. 2653 OF 2006 WRIT PETITION NO. 2653 OF 2006 WRIT PETITION NO. 2653 OF 2006 Alap Co-operative Housing Society Limited ..Petitioner versus The Municipal Commissioner, Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. Ketan A. Chothani for Petitioner. Ms. T. H. Puranik for Respondents - MCGM. CORAM : DR. D. Y. CHANDRACHUD, J. CORAM : DR. D. Y. CHANDRACHUD, J. CORAM : DR. D. Y. CHANDRACHUD, J. DATE : 15TH APRIL, 2009 DATE : 15TH APRIL, 2009 DATE : 15TH APRIL, 2009 P.C. P.C. P.C. 1. On 23.4.2007 the Division Bench while disposing of the Petition under Article 226 filed by the petitioner noted that the grievance of the petitioner was that respondent Nos. 4 to 6 to those proceedings had carried out unauthorised construction inspite of which no action has been taken by the Municipal Corporation. An application by the petitioner dated 25.5.2006 was stated to be pending with the Municipal Commissioner. The petition was disposed of by directing the Municipal Commissioner to dispose of the application in :2: accordance with law within a period of six weeks from the date of receipt of the Order by him. 2. On 31.3.2009 when the Contempt Petition came up for admission, it was stated on behalf of the respondents, on the instructions of the Sub Engineer, ’K’ (East) Ward that the application of the petitioner was disposed of and action under Section 53 of the Maharashtra Regional Town Planning Act, 1966 was initiated and the Action Taken Report was on the record of the Corporation. Permission was granted to the Municipal Corporation to place this on the record in the form of an affidavit, though the Court had made it clear that this did not amount to an expression of opinion by the Court on the question as to whether there was a breach of the Order passed by the Division Bench by the Corporation. 3. In compliance of the Order dated 31.3.2009 an affidavit has been filed by the Assistant Engineer (B & F) K/East Ward. In the affidavit it has been stated that the Ward staff had visited the site on 30.10.2007 and a Notice under Section 53(1) of the Maharashtra Regional Town Planning Act, 1966 was served on Mrs. Sunita Y. Singh on 10.12.2007. :3: In the Notice all the unauthorised additions and alterations were mentioned. On 6.2.2008 the Jr. Engineer inspected the site with prior notice to the occupant to verify whether the unauthorised additions and alterations had been rectified. It has been stated in the affidavit that the said inspection revealed that the requisitions in the Notice issued by the Municipal Corporation were duly rectified and met by the 4th respondent to the earlier proceedings before the Division Bench. The Junior Engineer has placed a report dated 7.2.2008 on the record, a copy whereof is annexed to the affidavit in reply and the photographs taken at the site are also annexed. 4. From the material which now appears on the record it is evident that the Municipal Corporation has taken necessary steps in pursuance of the Order passed by the Division Bench, though there was a delay in doing so. Since action has been taken it would not be expedient to pursue the exercise of contempt jurisdiction against the Municipal Corporation only on the ground of delay. 5. The learned counsel appearing on behalf of the petitioner has stated that his instructions are :4: contrary; certain illegalities had remained to be rectified and the work is contrary to the sanctioned plan. However, the learned counsel stated that his clients would only seek liberty of the Court to move the Municipal Corporation at an appropriate level. It is needless to say that the petitioner would be at liberty to pursue his grievance, if any, remained in accordance with law. The Contempt Petition is accordingly disposed of. (DR. D. Y. CHANDRACHUD, J.) (DR. D. Y. CHANDRACHUD, J.) (DR. D. Y. CHANDRACHUD, J.)