1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 95 OF 2009 Mangala Sunil Verma .. Petitioner Vs. Backbay Colaba Association,Mumbai & Ors. Respondents Mr. Jayant Gohil, Advocate, for the petitioner. Ms. Swapna Rachure i/b. T.N.Tripathi, Advocate, for respondent no.1. Ms. Madhubala Kajale, AGP for respondent No.2. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 24th February, 2010. P.C. 1. The learned Counsel sought adjournment on the ground that Counsel is not available. Reply has been filed. In our opinion, it is not a case where the matter should be adjourned considering the reply filed on record. 2. The petitioners is residing in an area which is a notified slum. There was a request of the slum dwellers for providing public amenity by way of a water tank. Accordingly, the Corporation, after taking permission from the Collector, has directed an underground water tank which is complete and which is functioning. That is meant for the benefit of the slum dwellers in the locality. 2 3. The grievance made by the petitioner is that the construction of the said water tank affects access to the slum. We fail, firstly, to understand as to how the underground water tank will affect the access. Apart from that, from the affidavit filed on behalf of the Corporation, it is clear that the access is available. The Corporation also pointed out that apart from the present facility, there is another Scheme by name “Manav Seva Samiti” and “Mahila Pragati Samiti” which fall in Ganesh Murthy Nagar, Capt. Prakash Pethe Marg, Colaba. The present water tank is constructed to the North-South corner of the plot that ample space is available to the petitioners which is demonstrated by the Map annexed. 4. In our opinion, there is absolutely no merit in this petition. Apart from that, public monies have been invested in providing for public amenities to a section of the citizens who are residents of slum. We are, therefore, not inclined to exercise our Extraordinary Jurisdiction. The Petition is dismissed. (J.H.BHATIA,J.) (F.I.REBELLO,J.)