1 conp25-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Contempt Petition No. 25 of 2010. in Writ Petition No. 215 of 2009 Anil Gulabdas Shah .. Petitioner v/s. M.C.G.M. & Anr. ..Respondents Petitioner in person Ms.T.H.Puranik for the B.M.C. CORAM : R.Y.GANOO, J. DATED : 1st October , 2010 P.C. : 1. Heard Petitioner in person and Counsel for the Corporation. By Order dated 23.6.2009 the learned Division Bench had directed the Corporation to take appropriate steps to remove the unauthorised structure by following due process of law. 2. This Court, on 29.3.2010 had passed an order so as to record therein that the Corporation had already issued notices under Section 351 of the Mumbai Municipal Corporation Act. After those notices were 2 conp25-10.sxw issued, the structure holders have instituted various suits in the City Civil Court and have obtained orders. 3. The petitioner has pressed the present contempt petition on the ground that the Corporation has not carried out the orders of this court by which Corporation was directed to remove the unauthorised structure. The petitioner in person prays for admission of the contempt petition. 4. Reading the order dated 23.6.2009 it is abunduntly clear that the Corporation was required to remove the unauthorised structure by following due proces of law. If on a plot of land unauthorised structure is standing, notice under Section 351 of the Mumbai Municipal Corporation Act is required to be issued. That has been done by the Corporation. Thereafter, if the party to whom the notice is issued challenges such a notice in a Court of Law, I take it that the Corporation would will be required to defend the said suit. 5. In my view, by issuing notices under Section 351 of the Mumbai Municipal Corporation Act, the Corporation has done its job and has 3 conp25-10.sxw complied with the Order dated 23.6.2009. Hence, I am inclined to dismiss the petition for admission. 6. Across the bar the petitioner states that he made a request to the Corporation so that the petitioner can be joined as party in the said suit. Certainly, it not the job of the Corporation to make an application on behalf of the present petitioner, to the concerned Court for joining the petitioner as party defendant. If the petitioner wishes to be joined in any of the suits wherein the Corporation has issued notice under Section 351, it will be open for the petitioner to make an application for being joined as a party in the respective suit. Needless to mention that the concerned court shall dispose of the said application on merits without getting impressed by filing of this contempt petition. 7. Contempt Petition is dismissed at the stage of admission. There shall be no order as to costs. [R.Y.GANOO, J.]