1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 65 OF 2007 WITH CHAMBER SUMMONS NO. 339 OF 2008 AND CHAMBER SUMMONS NO. 383 OF 2008 Nitin Sunderji Shah ....Petitioner. Vs. The Municipal Corporation of Brihan Mumbai &Ors. ...Respondents. ..... Mr. Y.S. Jahagirdar, Sr. Adv. i/b A.R. Shaikh, for Petitioner. Mr. K.K. Singhavi, Sr. Adv. with Ms. G.S. Joglekar for Respondent- MCGM. Mr. R.A. Lokhande i/b D.A. Nalawade, G.P. For the Respondent- State. Mr. C.J. Sawant, Sr. Adv. i/b N.S. Dhumal, for Applicant. ..... CORAM : J.N. PATEL, Acting C.J. & S.C. DHARMADHIKARI, J. DATE : 24th JUNE, 2010. P.C. Heard. 2] The Petitioner has filed this Petition in Public Interest against the allotment of final Plot Nos. 532 and 533, T.P.S.III, Borivali (W) for the purpose of Secondary School. The main contention of the Petitioner is that 2 the Respondent-Corporation has allotted these plots to Respondent No.4- Shreeji Education Trust without following the proper procedure i.e. by inviting tenders and so on. 3] It is stand of the Respondents that in Public Interest Litigation filed by one Meera S. Kamath [ Writ Petition (PIL) No.1865 of 2005] this Court by Order dated 8.2.2006 directed the Respondents to allot subject plot for the purpose of secondary school within six weeks from the date of the said Order and accordingly the said plot has been allotted in terms of directions issued in the said Order. We do not find there is any breach committed by the Respondent-Corporation by allotting the plot in favour of Respondent No.4. We are informed by the learned counsel appearing for Respondent No.4 that they were allotted these plots in the year 1981 and physical possession thereof has been given on March 2006 pursuant to the Order of this Court. We do not find any reason to interfere in the matter. Petition is dismissed accordingly. 4] In the light of dismissal of the Petition, both connected Chamber Summons are also disposed of. (ACTING CHIEF JUSTICE) (S. C. DHARMADHIKARI, J.) 3