mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION PIL PETITION NO. 87 OF 2009 Sandeep Sharadchandra Thakur ..Petitioner Vs. The State of Maharashtra & Ors. ..Respondents Mr. Anirudh A. Joshi with Mr. Nivit Srivastava, for the Petitioner. Mr. A.A. Kumbhakoni, with Mr. A.M. Kulkarni for respondent No.3. Mr. R.A. Apte with Mr. A.A. Garge, Advocate for the respondent No.2. Mr. S. Behere, AGP for respondent No.1. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 14TH JANUARY, 2010 P.C. Petitioners approached this Court to challenge the activities carried out by CIDCO, respondent No.3. Respondent No.3 are putting up an Exhibition Hall viz. International Standard Exhibition Centre within the planning area falling within their jurisdiction. In the year 2007 the area wherein the structure is coming up have been notified for residential user. In the Regulations framed in so far as land predominantly meant for residential the activities that is carried out include amongst others ‘Assembly’. The Regulations also define what is Assembly Land Use and that includes any land. where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purpose, for example, threatres/multiplex, motion picture houses, assembly halls, auditoria, exhibition halls, museums, skating rings, gymnasia, restaurants, places of worship. 2. The extra ordinary jurisdiction of this Court, more so in a PIL can only be invoked by citizen on the ground of violation of fundamental rights and to some extent perhaps in the area of administration, but limited. In the instant case when a public body is carrying out its public duties based on the plan as notified , in our opinion, the petition as filed is totally misplaced. It is not for this Court in these circumstances to exercise the extra ordinary jurisdiction. In the light of that petition dismissed. However, considering that the petitioner had approached this Court on the ground that earlier the area was kept open we are not inclined to saddle the petitioner with costs. (J.H. BHATIA, J.) (F,I. REBELLO,J.)