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 WRIT PETITION NO. 1712 OF 2007 WRIT PETITION NO. 1712 OF 2007 WRIT PETITION NO. 1712 OF 2007 The Talmakiwadi Co.op. Hsg. Sty. Ltd. ] .. Petitioner Versus 1. The Municipal Corporation of Gr. ] Mumbai & 3 ors. ] .. Respondents Mrs. Trupti Gohil for the petitioner. Mr. A.A. Shaikh for the respondents No.1 to 3. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 28TH JANUARY, 2008 P.C. : 1. Heard. 2. This is a Petition by the society making grievance that respondent No.4 has encroached upon the open site and that the petitioner-society has made grievance to the Mumbai Municipal Corporation and the Municipal Corporation initiated proceedings, but however, further steps are not taken by the Mumbai Municipal Corporation. 3. If the petitioner-society is interested in : 2 : removal of the encroachment, the remedy of the petitioner-society is to proceed in the civil court by filing appropriate suit. The Corporation’s liability is a statutory liability. However, petitioner-society cannot ask this court to monitor proceedings of the Municipal Corporation by filing Writ Petition. If the petitioner-society desires to pursue the remedy, the petitioner-society shall approach the civil court for expeditious removal of the encroachment and for getting possession thereof. 4. Writ Petition for the said purpose cannot be entertained and hence it is hereby rejected. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]