 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5379/2008 (Sheikh Razzak s/o Sheikh Kasim and another vs. Nagpur Municipal Corporation Nagpur) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 18th February, 2009. *** 1. Heard Mr F T Mirza, learned counsel for the petitioners and Mr M V Samarth, for Respondent. 2. This Writ Petition is directed against the tender notice issued by the Corporation dated 23.11.2008 whereby tenders were invited for various works, one of them is construction of bridge on nullah of Maheshnagar, W.34 (474). 3. Mr F.T. Mirza, learned counsel for the petitioners has submitted that the tender notice is issued by the Corporation without ascertaining the fact that the proposed site where the bridge is to be constructed is neither a public street nor there is requirement to construct of bridge at that place. Similarly, it is contended that the so -called road on which construction of bridge is proposed is not the public street within the meaning of Section 311 of the State of Nagpur Corporation Act, 1948. ( 'Act of 1948' in short) Similarly, the Corporation has also not authorized the Commissioner to undertake the  said work as required under sec. 311 of the Act of 1948. It is, therefore, contended that the action of the Respondent in issuing advertisement for the construction of proposed bridge is not only bad in law but the same is inconsistent with the provisions of the Act of 1948 and, therefore, cannot be sustained. 4. Mr. Samarth, learned counsel for the Corporation disputed all the allegations made by the petitioners and has submitted that 575 unauthorised layouts were regularized by the Nagpur Improvement Trust ( 'NIT'in short) which is reflected in the Lay-out map annexed with the petition as Annexure “B”. It is contended that the unauthorized lay- outs were regularized and the lay out map was sanctioned along with the public street by the NIT and the bridge in question is proposed to be constructed on a culvert which is on the public street. It is further contended that so far as petitioners are concerned, they are the encroachers who have encroached upon to public street, on which the proposed bridge is required to be built and, therefore, the grievance which they are canvassing is completely personal grievance and has nothing to do with the public cause. 5. We have considered the rival contentions and perused the map annexed with the petition as well as rough map annexed by the Respondent-Corporation. We have also gone through the Rejoinder, which is filed today on record.  6. In the submissions filed on behalf of the Corporation on oath, it is specifically mentioned that the NIT has regularised 575 unauthorised lay outs and map of the said lay-out has been sanctioned with the public street mentioned in the said map. The facts placed before us would show that the construction of proposed bridge is on one of such public streets shown in the said map and, therefore, there is no merit in the petition. So far as the aspect of encroachment is concerned,it is open for the parties to the petition to take appropriate steps in accordance with law in this regard. 7. for the reasons stated hereinabove, Writ Petition is dismissed. JUDGE JUDGE sahare