hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI APPELLATE CIVIL SIDE P.I.L. NO. 166 OF 2009 Sohel Mushtak Fakih ... Petitioner Versus The State of Mah. And Ors. ... Respondents Mr. Manish Jain with Mr. Sadashiv G. Deshmukh for Petitioner. Mr. R.P. Behere, A.G.P. For R. No. 1. Mr. N.R. Bubna for R. nos. 2 to 4. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : JANUARY 28, 2010 P.C. The Petitioner had earlier approached this court by way of Public Interest Litigation No. 94 of 2009 contending that unauthorized construction had been put up. This court while disposing of the Petition on 2.4.2009 directed the Corporation to consider the complaint filed. On 29.4.2009 the Corporation has replied to the Petitioner pointing out that in terms of the approved development Plan, survey No. 1152/A was not reserved. But in the revised plan the land was shown for primary school. The construction was carried out in the year 2005 and opinion of the Town Planner was sought as also approval taken from the Municipal Commissioner. The primary school exists on the land. It is also pointed out that the facilities of gymnasium and library are availed of by the students in the school and the staff members. The library and gymnasium can not be said to be totally alien to education. They are directly connected to the activities more specially if it is used by the students and the staff. Considering the above, in our opinion, this will not be a fit case for us to exercise our extra ordinary jurisdiction. As the construction has not been put by any private party but by the Municipal Corporation itself in larger public interest. no interference is called for. Petition dismissed. (J.H. BHATIA,J.) (F.I. REBELLO,J.)