-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.186 OF 2008 Krishna Kapoor & Ors. : Petitioners V/s. Mumbai Municipal Corporation of Greater Mumbai & Ors. : Respondents ... Mrs.N.V.Sanglikar for the petitioners. Mr.A.Y.Sakhare, Senior Advocate, with Mr.N.A.Shaikh for the respondents. ... CORAM : S.B.MHASE & A.A.KUMBHAKONI,JJ. DATE : JUNE 25, 2008. P.C. 1. The respondents are allowed to amend their affidavit-in-reply dated 18.6.2008. Amendment be carried out forthwith. 2. In the Town Planning Scheme prepared in the year 1969, the width of the road has been shown as 36.6 mtrs. Now in accordance with roadline possession of the property of the petitioners, it is being taken by the respondents. The petitioners have challenged the said action of the Corporation. -: 2 :- 3. We find that the land in issue of the petitioners was decided to be acquired on 25.11.1969 and except the portion of the land of the petitioners, all other road has been widened as per the 1969 roadline and there is a bottle-neck created only at the property of the petitioners. 4. The learned counsel for the respondents has stated that the earlier impugned notices are being withdrawn, in view of the technical defects pointed out therein by the petitioners by the present Petition. However, the leaned counsel for the respondents has stated that a portion of the land of the petitioners which is open will be acquired by following the procedure under section 299 of the Bombay Municipal Corporation Act within a period of 23 days. However, the learned counsel though stated that action will be completed in 23 days, has submitted that four weeks’ time be granted to complete that action. We accept the said statement and grant time of four weeks from today to complete the action of acquisition of open land for road widening. 5. On some portion of the land falling in roadline, there is a structure and the learned counsel has stated that though in the affidavit it is stated that two years’ -: 3 :- period is required to complete acquisition of such property, now he makes a statement that urgency clause will be applied and the acquisition proceedings will be proceeded with. We accept the said statement of the learned counsel for application of the emergency clause for acquisition of the land of the petitioners. This action shall be completed within a period of six months from today. 6. We make it clear that it will be open to the petitioners to voluntarily surrender the required portion of the land as per the requirement of the Corporation. 7. The Writ Petition is, accordingly, disposed of by accepting all the statements of the learned counsel appearing on behalf of the Corporation with the aforesaid directions. (A.A. KUMBHAKONI, J.) (S.B. MHASE, J.)