1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.907 OF 1999 Aspi E.Tata & Anr. .. Petitioners V/s. Ward Office ‘D’ & Ors. .. Respondents Ms.Sheetal Kumar i/b.M.M.Patel & Co.for the Petitioners. Mr.K.A.Belosay, A.G.P.for the State. Ms.Shobha Ajita Kumar for BMC. Mr.S.M.Shah for Respondent No.8. CORAM : D.K.DESHMUKH and R.G.KETKAR, JJ. DATED : 15TH SEPTEMBER, 2009. P.C. By this Petition, the petitioners seek directions to the Corporation for removal of the structure shown in black shaded line in Exh.A to the Petition. According to the Petitioners, that structure is on the foot path, and therefore, it is liable to be removed. 2 2. The Petitioner No.2 is a Co-Operative Housing Society, who owns the building adjoining the footpath on which the structure, which is alleged to be unauthorized constructed. It is common ground that the Respondent No. 8 put up the structure because the site was allotted to it for running the Zunka Bhakar Kendra under a scheme which was framed by the State Government under a Government Resolution. It is also common ground that the Zunka Bhakar Kendra Scheme has now been discontinued. The learned Advocate appearing for the Corporation has placed before us copy of a circular issued by the Corporation wherein it is stated that the Zunka Bhakar Kendra Scheme has been abolished, and it has been decided by the Corporation to start Annadata Ahar Kendras Scheme under the circular. It is also stated that there are 215 Zunka Bhakar Kendras within the jurisdiction of the Respondent Corporation. The Corporation has stated that out of these 215 Zunka Bhakar Centers, 44 centers are not on the footpath or road, and therefore, the Corporation will permit running of Annadata Ahar Kendras there. So far as the balance 171 Zunka Bhakar Kendras are concerned, if alternative site is found, Annadata Ahar Kendras will be started on the alternate site. 3 3. It is clear from the circular that, it is policy of the Corporation that as a consequence of abolition of Zunka Bhakar Kendra Scheme, no Zunka Bhakar Kendras or Annadata Ahar Kendras can be carried on the foot path. According to the Petitioners, the Zunka Bhakar Kendra of the Respondent No.8 is on the foot path. Respondent No.8 dispute this position. In our opinion, as it is clear that if it is found that the Zunka Bhakar Kendra of Respondent No.8 is on the foot path, he cannot continue there, and, as there is dispute between the parties as to the question whether the Zunka Bhakar Kendra of Respondent No.8 is on the footpath, the following order would meet the ends of justice. :: O R D E R :: (i) The Ward Officer ‘D’ Ward of the Respondent Corporation will hold enquiry into the question whether the Zunka Bhakar Kendra of Respondent No.8 is on the foot path or not. For that purpose both the Respondent No.8 and the Petitioners will appear before the Ward Officer on 5 th October, 2009 and submit their 4 documents and submissions on which they want to rely. (ii) In case the Ward Officer finds that the Zunka Bhakar Kendra of Respondent No.8 is on the footpath, as per the policy of the Corporation, he will proceed to remove it. If on the contrary, the Ward Officer finds that the Zunka Bhakar Kendra of Respondent No.8 is not on the foot path, he will proceed to deal with the matter in accordance with the policy of the Corporation. Whatever order the Ward Officer makes, remedy that may be available against it are kept open for both the parties. All contentions available for both the sides are kept open. (iii) The Ward Officer ‘D’ ward shall complete the enquiry as expeditiously as possible, in any case within a period of eight weeks from 5th October, 2009 and make his order in accordance with law and the observations made above. 5 (iv) Rule made absolute with no order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)