gopi 1 pil-59-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.59 OF 2010 WITH NOTICE OF MOTION NO.290 OF 2010 Mrs. S.G.P. Barnes ..Petitioner Versus The Commissioner of BMC & Ors. ..Respondents Petitioner appearing in person present. Ms. Geeta Joglekar for B.M.C. CORAM : MOHIT S. SHAH, C. J. AND GIRISH S. GODBOLE, J. 14 July 2011 PC: The petitioner, resident of Ramesh Nagar, Amboli, Andheri West, Mumbai-400 058, has contended in this Public Interest Litigation that the temple lying on the public road leading to public BMC Jogger Park garden is constructed unauthorisedly and, therefore, it should be demolished. 2. The petitioner who is appearing as party in person does not dispute the fact that the temple which is the subject matter of this petition was also the subject matter of PIL No.63 of 2009. That PIL came to be disposed of by order dated 22 July 2010 by this Court. That PIL was disposed of on the ground that the petitioner had raised disputed questions of facts and, therefore, liberty was reserved to the petitioner to claim any declaration from the appropriate forum. gopi 2 pil-59-10.sxw 3. In view of the above, this petition on the same subject matter would not lie. The learned Counsel for the B.M.C., points out that notice under Section 314 of the Municipal Corporation Act, 1888 is not enforced in view of the Circular dated 14 March 2011 of the State Government in Home Department. Copy of the Circular dated 14 March 2011 is placed on record and marked “X” for identification. 4. In view of the above, no fault can be found with the Municipal Corporation in not demolishing the temple at this stage. It goes without saying that the Corporation will not allow any other unauthorised construction to come up nearby the temple or in the vicinity of the temple. 5. Subject to the above observations, this PIL is disposed of. 6. In view of the disposal of the PIL the Notice of Motion does not survive. The same is disposed of accordingly. CHIEF JUSTICE GIRISH S. GODBOLE, J.