1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.603 OF 2001 Smt Vijayaben H. Mehta and ors. ...Petitioners v/s The Municipal Corporation of Greater Bombay and others ...Respondents Mr Rajiv Narula with Mr D.H. Mehta i/b Mr N.M. Shah for Petitioners. Mr A.Y. Sakhare with Ms S.M. Modle for Respondents. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 5TH OCTOBER 2009. 2 P.C. :- 1] By this petition, the petitioners seek a direction against the Bombay Municipal Corporation restraining them from treating 22 ft. private street shown in orange colour in the map annexed to the petition as public road without following the provisions of law. We have heard the learned counsel for both the sides. We have perused the record. The record does indicate that the Corporation has not taken any steps under the law to declare the private street, which is the subject matter of this petition, as a public street. In our view therefore, the Corporation is not justified in treating private road, which is subject matter of this petition, as a public road without following the process of law. In our opinion therefore, it will be appropriate to dispose off the petition in following terms. 2] The respondents are retrained from treating the private road, which is subject matter of this 3 petition, as a public road without taking steps to get the private street declared as public street in accordance with law. Rule is made absolute accordingly with no order as to costs. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )