1 wpl2771.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2771 OF 2011 Umesh Gajanan Wagle & Anr. ....Petitioners. Vs. The Municipal Corporation of Greater Bombay, Mahapalika Marg, Mumbai & Anr. ...Respondents. Mr. R.V. Desai, Sr. Advocate i/by Mr. Pramod Kathane for the Petitioners. Ms. S.M. Modle for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 15 DECEMBER, 2011. P.C. :- Not on board. Mentioned. Taken on board. 2 The Petitioner is having the structure on a footpath. It is his case that he has put it up pursuant to the policy of the Corporation or the State Government. In our opinion, footpath is meant primarily only for the use of the pedestrians. No obstruction, no business can be permitted to be carried on the footpath. Therefore, if the Corporation 2 wpl2771.11.sxw ssm is removing the structure, it amounts to removing obstruction from the footpath. A Court of law cannot be seen to help people like the Petitioner whose structure is admittedly on the footpath. The proposed action of the Corporation is in public interest. 3 In the extra ordinary jurisdiction such Petitioner/litigant cannot be helped. The Writ Petition is rejected. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)