1 wp1412.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 1412 of 2011 Mr. Tanzir Iqbal ..Petitioner v/s. Mira Bhayander Municipal Corporation ..Respondent Mr. Y.S. Jahagirdar, Sr. Advocate for the petitioner. Mr. N.R. Bubna for the respondent. CORAM:- B.R. GAVAI, J. DATED :- MARCH 03, 2011. P.C. The appeal arises out of the concurrent orders passed by the learned Civil Judge, Junior Division, Thane below exhibit 5 in Regular Civil Suit No. 651/2009 dated 25th January, 2010 thereby rejecting the application filed by the present petitioners for temporary injunction restraining the respondent corporation from demolishing the construction and the order passed by the learned Ad-hoc District Judge 2, Thane dated 18th January, 2011 in MCA No. 18/2010 thereby dismissing the appeal filed by the 2 wp1412.11.sxw present petitioners. 2. Shri Jahagirdar, the learned counsel appearing on behalf of the petitioners submits that construction in question is capable of being regularised and as such the learned Courts below have failed in dismissing the application for temporary injunction and the appeal. 3. Shri Bubna, the learned Counsel appearing on behalf of the respondents on the contrary submits that construction is made on a site which is reserved for public school and as such the same can be regularised. 4. The perusal of the orders impugned would reveal that both the Courts have concurrently held that construction is made on a site which is reserved for a school and a playground and as such have refused the injunction in favour of the present petitioner. 5. No perversity is noticed in the approach adopted by the Courts below to warrant interference. Rejected. (B.R. GAVAI, J)