1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.728 OF 2001 M/s.Mancon Enterprises : Petitioners. Versus Municipal Corporation of Greater Mumbai & ors. : Respondents. Mr.D A Vishwakarma for the Petitioners Mr. K N Gaikwad for the Respondents-BMC. CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ DATED : APRIL 27, 2009 P.C. 1. By way of this Petition, the Petitioners prayed that Respondent-Corporation be directed to remove unauthorised construction situated on Suren Road, at Gundavali village, Andheri (East), Bombay-59 so that there may not be any obstruction to the motorists, public so also to the fire vehicles, ambulance etc. 2 2. At the time of hearing of the above Petition, the learned counsel Mr. Vishwakarma appearing for the Petitioners states that the unauthorised construction has already been removed as per his instructions and, therefore, the prayer clause (a) of the present Petition no longer survives. However, it is submitted by him that in future the Corporation should not allow any unauthorised construction to place on the road causing obstruction to the traffic and vehicles as well creating obstruction to the pedestrians. So far as this prayer is concerned, it is no doubt true that the Corporation is required to see that no unauthorised construction is placed on the road causing obstruction to the traffic, vehicles as well as to the pedestrian. The learned counsel for the Corporation states that the Corporation shall act in accordance with law. The Corporation is therefore directed to see that no unauthorised construction is placed on the concerned road or street creating obstruction to the vehicular traffic as well as the pedestrian. If any such unauthorised construction is placed on the road, the Corporation shall act in accordance with law to remove the same so that the same should not create obstruction to the vehicular 3 traffic as well as pedestrian. 3. Subject to whatever stated above, the above Petition is disposed of. Rule is discharged. [R.M.SAVANT,J] [P.B.MAJMUDAR,J]