1 wp52.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.52 OF 2011 KJ Harshad S.Ghia )..Petitioner Versus Assistant Commissioner & Ors. )..Respondents ---- Mr.Jayesh Bhatt for the petitioner. Mrs.P.A.Purandare for the Corporation. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR, JJ DATE : 21st November, 2011 PC 1 The petitioner has challenged the action taken by the Corporation in the matter of removal of un-authorised construction. The only grievance made is, out of the entire building, Corporation has selected only few tenants and no action is taken against the landlord who has illegally erected the construction. It is contended that some of the tenants have already 2 wp52.11.sxw filed proceedings in the City Civil Court. Learned Counsel for the Corporation resisted the stand by filing reply. It is contended that notices have been given to the concerned tenants and constructions made by three tenants have been removed. In our view, simply because that Corporation might not have taken action against some of the tenants and landlord, this cannot be a ground for entertaining the petition, when no other points have been raised by the petitioner. However, learned Counsel for the Corporation states that if any of the occupants have taken illegal construction, appropriate action will be taken. Corporation may take appropriate action in accordance with law. It is however, clarified that before taking any action against any such person, Corporation should follow principles of natural justice. In view of this, learned Counsel for the petitioner wants to withdraw the petition with liberty to take out appropriate proceedings in accordance with law. Petition is disposed of as withdrawn with liberty as aforesaid. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J) 3 wp52.11.sxw