1 WP-2052-10.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2052 OF 2010 The Borivali Education Society ..Petitioner Vs The Mumbai Municipal Corporation and ors. ..Respondents -- Mr.Pravin Samdhani, Senior Counsel a/w.Mr.Pratik Sekseria, Mr.Nimesh Bhatt i/b.H.V.Kode/Y.P.Yagnik, for petitioner. Ms.Priti Purandare, for respondent no.1 -- CORAM : D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 2 nd AUGUST, 2011 P.C: The learned counsel appearing for the Corporation stated before us that the land to which this petition relates is needed by the Corporation for its own educational purpose. She further stated that for that purpose if any modification in the plan is necessary, the Corporation will carry it out in accordance with law. She further stated that in case the Corporation cannot use the land for its own educational purpose and decides to allot the same to any other educational purpose, that allotment would be done only after issuing 2 WP-2052-10.odt advertisement and inviting applications. The statements are accepted. 2] In view of the statements, in our opinion, the petitioner does not have any enforceable right. Petition is, therefore, rejected 3] The learned counsel for the Corporation further states that if the petitioner’s amount is not refunded, if any, the same will be immediately refunded on petitioner’s making demand. [R.G.KETKAR, J.] [D.K.DESHMUKH, J.]