ASN 1 PIL-158.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.158 OF 2006 DISHA ..Petitioner. Vs. Municipal Corporation of Gr. Mumbai and ors. ..Respondents. None for the Petitioner. Mr.K.K.Singhavi, Sr.Advocate with Vidya Gharpure for Resp. No.1 Mr.G.W.Mattos, AGP. for Respondent No.2. CORAM : MOHIT S. SHAH, C. J. AND D. G. KARNIK, J. Thursday, 31st March, 2011 PC : In this petition under Article 226 of the Constitution, the petitioner made grievance against the authorities for not removing or demolishing the unauthorized constructions/structures in SVP Nagar, Mhada colony, Andheri (W), Adarsha Nagar, Mhada Colony and Laxmi Industrial Estate, Varsova Village, Andheri (west) within the limits of Municipal Corporation for Greater Mumbai. 2 On 14th January, 2009, this Court directed Mumbai Municipal Corporation that due process of law will be followed for demolition of the unauthorized constructions. Consequently, the notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 (the ASN 2 PIL-158.sxw Act), were issued and after following the due process of law, orders for removal of the unauthorized construction came to be passed. 3 At the hearing on 13th December, 2010, a Co-operative Housing Society of the occupants urged that there were proposals for redevelopment of the property by MHADA and therefore, orders of demolition or removal of the constructions/structures should not be executed. The learned counsel appearing for MHADA stated on instructions that proposals had nothing to do with the unauthorized constructions which were carried out by the applicants. Ultimately, by order dated 13th December, 2010, this Court held that Municipal Corporation had followed the due process of law by issuing notices under Section 351 of the Act, the principles of natural justice were complied with and that the orders passed by the Municipal Corporation did not suffer from any illegality or perversity. This Court also noted that the Municipal Corporation cannot be interdicted from taking recourse to its statutory powers to remove unauthorized constructions and accordingly, Notice of Motion No.681 of 2010 was dismissed. 4 It appears that the occupants carried the matter before the Supreme Court by filing Special Leave Petition. In the said Special leave Petition, the Supreme Court passed order dated 10th January, 2011 recording that the petitioners before the Supreme Court had furnished undertakings for removal of unauthorized portions of their respective tenements by 30th April, 2011 failing which they will not object to MHADA or Municipal Corporation demolishing unauthorized portions ASN 3 PIL-158.sxw in their respective premises. The Supreme Court further directed that if by 30th April, 2011, the petitioners fail to demolish unauthorized structures existing in the tenements in the occupation of the noticees, forthwith it will be open to the said authorities to demolish all the unauthorized portions/unauthorized structures existing in the tenements in the occupation of the noticees. The Apex Court further made it known to all the SLP petitioners that no Court shall grant further extension for removal of the unauthorized structures. 5 When the said order of the Supreme Court was brought to the notice of this Court, similar undertakings were permitted to be filed by the other occupants. 6 At the hearing today, the learned counsel for MHADA and the learned counsel for the Municipal Corporation state that the authorities shall act in accordance with the directions given by the Supreme Court to remove the unauthorized portions of the tenements of all noticees in the aforesaid colonies/buildings and that if necessary the MHADA and the Municipal Corporation shall also ask for police assistance. 7 This petition is therefore, disposed of with the directions to MHADA and the Municipal Corporation for Greater Mumbai to carry out the aforesaid directions of the Apex Court and to remove the unauthorized constructions/structures of all noticees in the above colonies after 30th April, 2011, if not removed by the occupants by 30th ASN 4 PIL-158.sxw April, 2011. The Commissioner of Police for the City of Greater Mumbai shall also render all the assistance to the Municipal Corporation/Mhada for removal of the unauthorized constructions/extensions made in their tenements. 8 All the Notices of motion and the Chamber summons also stand disposed of. 9 The Municipal Corporation and the Chief Officer of the Mumbai Board on behalf of the MHADA shall submit compliance report to this Court by 7th June, 2011. The petition stands disposed of accordingly. CHIEF JUSTICE D.G. KARNIK, J.