1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2317 OF 1991 ... Shri Gustad Rashid Irani ...Petitioner v/s. The Municipal Corporation of Gr.Bombay & another ...Respondents ... Mr.A.Y.Sakhare,Sr.Advocatei/b D.S.Mhaispurkar for the Petitioner. Ms.S.M.Modle for Respondent No.1. Mr.M.D.Naik, AGP for Respondent No.2. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 17th August, 2009 P.C.: 1. By this petition the Petitioner seeks writ of mandamus directing the Respondent i.e. The Municipal Corporation and the State of Maharashtra to deliver vacant possession 2 of Plot No.238, Town Planning Scheme No.III, Ghatkopar after removing all unauthorised and contravening structures and occupants therefrom under Sections 89 and 90 of the Maharashtra Regional and Town Planning Act, 1966. 2. It is clear from the record that there is slum on the final Plot No.238. There is already notification issued under Slum Act for improvement of that slum. That order has been challenged by the Petitioner in Appeal before the appropriate authority and that appeal is pending. While the question whether the slum is to be improved or not is pending before the appropriate authority, the Petitioner wants this court to issue a writ of mandamus for eviction of the slum dwellers. If by issuing a writ of mandamus, slum dwellers are evicted, the very purpose 3 for which the authorities have issued an order for improvement of the slum will be defeated. That apart, perusal of provisions of Section 89 of the Town Planning Act shows that it vests power in the Planning Authority to summarily evict the persons who are in possession of the plot so as to hand over possession of the final plot to the person who has been held entitled to that plot under the Town Planning Scheme. Section 90 confers power on the Planning Authority to enforce town planning scheme. As the power is vested in the Planning Authority , the Petitioner will have to move the authorities invoking their power under sections 89 & 90 of the M.R.T.P.Act. We have not been shown a single document, whereby the Petitioner invoked power under Sections 89 and 90. In our opinion, without invoking powers under Section 89 and 90 of the M.R.T.P. Act, the 4 Petitioner cannot approach this Court for writ of mandamus directing the authorities to exercise their power under Sections 89 and 90. We find that this petition is filed by the Petitioner with full knowledge that there were structures on the land and the petition was filed without moving the authorities invoking their power and without joining the persons who are occupying those structures. In our opinion, in these circumstances, no relief can be granted to the Petitioner in this petition. Petition, therefore, fails and is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH,J.) (R.G.KETKAR, J.)