Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 609 of 2009 Ashok Vitthal Gagare ...Petitioner V/s. The Executive Engineer- National Highway & anr. ...Respondents Mr. J.V. Kanade for the petitioner. Mrs. Bhenda, AGP for respondent. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 : 18TH FEBRUARY, 2009 P.C. . Heard Counsel for the parties. 2. This petition is directed against inter-locutory order passed by the Court below declining to grant any injunction in respect of unauthorised portion of the structure on the disputed property of more than 10-15 feet which is obviously the result of encroachment on the Government property by the petitioner. 3. No fault can be found with the view so taken by the Courts below. However,that does not mean that the Respondent Authority can forcibly throw out the petitioners without following due process of law. Assuming that disputed portion of the property is required for public purpose, there is ample power in the respondent authority to take recourse to procedure 2 provided by the Municipal Law in force and to remedy the mischief. With this observation, petition is disposed of. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]