1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1253 of 2008 St. Joseph Education Society Petitioner Vs. Municipal Corporation of Gr.Mumbai and ors. Respondents Mr.R.J.Mane for petitioner. Mr.R.A.Malandkar with Ms.Nisha Dabhade for respondents. CORAM: B.H.MARLAPALLE, J. April 10, 2008 P.C. . Mr.G.R.Mishra seeks discharge as counsel for the petitioner - society. Motion allowed. Mr.Mane appears for the petitioner which has impugned the order passed by the City Civil Court at Dindoshi in LC Suit No.166 of 2008. . Initially the notice under Section 351 of the Mumbai Municipal Corporations Act, 1888 was issued to the petitioner - society and the said notice was challenged in a suit and an interim order was passed by the Court directing the Corporation not to proceed with the expansion of nala unless due process of law was followed and, therefore, a fresh notice under 2 Section 222 of said Act was issued and it came to be challenged in LC Suit No.166 of 2008. By the impugned order the learned 3rd Ad-hoc Asst. Judge, City Civil Court has allowed the Corporation to proceed with the expansion of nala. . Pursuant to the order passed by this Court on 22nd February 2008 the Architects’ reports have been placed on record i.e. A.K.Associates, Consulting Structural Engineers and Mr. Sanjiv B. Raut, Architect. The Corporation has filed its reply in this petition and also annexed a sketch of the existing nala as well as the proposed expansion. . There is no dispute that the expansion of the nala that is proposed to be undertaken and almost touching the land of the school does not touch the school building and it leaves about 8 ft. distance. The school building is two storeyed and it is more than thirty years old. The proposed expansion is in public interest and it is a public work. As per the Corporation the nala width, as of now, is varying from 4 to 6 mtrs.and it is proposed to be expanded in such a way that the width will be uniformally 6 mtrs. At the end of the nala there will be built an RCC 3 retaining wall and I have been assured by the Corporation that the said wall will be at least 10 ft. below the ground in depth and 5 ft. above the ground level so that the drain water does not affect the school building and the safety of the children playing on the school ground is also taken care of by the height of the wall above the ground level. . The reasoning given by the trial Court in the impugned order cannot be faulted with and with the above mentioned additional precautions to be taken by the Municipal Corporation, no prejudice or harm would be caused either to the school building or for the safety of the children in the school premises. . Hence the petition is rejected and it is directed that the Municipal Corporation shall construct an RCC wall at the end of the expanded nala as noted hereinabove. (B.H.MARL