spb/- 1 wp7231-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 7231 OF 2010 Mr. Aslam K. Furniturewala ... Petitioner. V/s. The Pune Municipal Corporation & Ors. ... Respondents. ----- Mr. Nilesh J. Patil for the Petitioner. Mr. Abijit Kulkarni for the Respondent Nos. 1 to 3. ----- CORAM : D. G. KARNIK, J. DATE : 05th AUGUST, 2011. P.C. : 1 This petition is directed against an order dated 2nd July, 2010 passed by the Civil Judge, Jr. Division, (P.M.C.), Pune, rejecting the petitioner’s application under Order 1 Rule 10 of the Code of Civil Procedure for adding respondent no.4 herein as a party to the suit. 2 The petitioner is owner of the property bearing survey no.106, plot no.4 Kirti Garden, Sutarwadi-Pashan, Pune. The respondent -Pune Municipal Corporation issued a notice to the petitioner on 22nd December, 2009 under section 478 of the Bombay Provincial Municipal Corporation spb/- 2 wp7231-10.sxw Act, 1949 calling upon him to show cause why the petitioner’s structure admeasuring 30 feet x 30 feet constructed on the property, be not demolished as an unauthorized having been constructed without permission of the Municipal Corporation. The petitioner filed a suit, being RC Suit No. 89 of 2010, challenging the notice. In the suit the petitioner applied for interim injunction, restraining the respondent no.1- Municipal Corporation from demolishing unauthorized structure. The respondent no.1 contested the suit and also made an application for rejection of interim injunction. It was contended that the suit was not maintainable as it was filed without statutory notice under section 478 of the BPMC Act. It was also contended that the impugned notice of show cause dated 22nd December, 2009 was lawful and no injunction could be granted against the said action. It was also contended that the suit structure was within the prohibited distance of the High Energy Material Research Laboratory set up by the Union of India and consequently, no building permission can ever be granted to the petitioner. Thereafter, the petitioner applied for amendment, seeking to add the High Energy Material Research Laboratory as party to the suit. By the impugned order, the application was rejected. 3 In my view, the High Energy Material Research Laboratory is not a spb/- 3 wp7231-10.sxw necessary party to the suit. The issue before the court was whether the existing structure was unauthorized or was constructed without permission of the Municipal Corporation and whether the show cause notice was in any way illegal. For determination of the issue, the High Energy Material Research Laboratory is not a necessary party at all. The mention of High Energy Material Research Laboratory in the reply of the Municipal Corporation was only for the purpose of showing that the permission for construction of a building was not and could not have been granted. The trial court has not committed any error in rejecting the petitioner’s application for joining the High Energy Material Research Laboratory as party to the suit. 4 There is no merit in the petition, which is hereby rejected. [D.G. KARNIK, J.]