1 srk pil-78-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.78 OF 2010 Anand Harischchandra Samant and another. ... Petitioners Versus The Municipal Commissioner, Brihan Mumbai Mahanagar Palika and others. ... Respondents Mr. Kunal Bhanage for the petitioners. Mr. D.H. Mehta with Ms. Geeta Joglekar for MCGM. Mr. S.S. Joshi, Assistant Government Pleader for State. CORAM : MOHIT S. SHAH, C.J. & D.G. KARNIK, J. Monday, April 25, 2011 P .C. The grievance in this petition purporting to be PIL is that on the land admeasuring about 7500 sq.ft. reserved for garden, the respondent- Corporation has put up a construction admeasuring 275 sq.ft. for the purposes of Balwadi which cannot be done because the land is reserved for the garden. 2. The learned counsel for the Corporation states that the disputed construction is to be used as room for the gardener. 3. The learned counsel for the petitioner disputes the above statement and submits that the room is being actually used for Balwadi. 4. Having regard to the area of the land reserved for garden and the area of the land on which construction is put up, without going into the 2 srk pil-78-10.sxw question whether the Corporation will be justified in using the disputed construction for the purposes of Balwadi, we see no justification to entertain this PIL. Petition is, therefore, dismissed. CHIEF JUSTICE D.G. KARNIK, J.