- 1 - pil72 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 72 OF 2009 Sanjay Govind Dhuvali .. Petitioner vs State of Maharashtra & ors .. Respondents None for petitioner Mr. J.S.Saluja A.G.P. for Respondent no.1 Ms. Geeta Joglekar for Respondent no..2 CORAM: MOHIT S. SHAH, C. J. AND GIRISH GODBOLE, J Thursday, 9th June, 2011 P.C. In this P. I. L. the petitioner has sought directions against the Municipal Corporation of Greater Mumbai for taking action in respect of the change of user of the premises in question being the basement in the parking lot of Ganjawala Tower bearing city survey No.1/341 of Tardeo divison, in “D” ward. The parking space is being used for commercial purpose. In response to the the notice issued by this Court to the Municipal Commissioner, on behalf of the Municipal Corporation of Greater Mumbai, an affidavit- in reply has been filed by the Assistant Engineer stating that the corporation has already issued notices dated 25.9.2009 under section 53 (1) of the M.R.T.P.Act calling upon the respondent nos. 3 and 4 to discontinue change of user in the basement space from - 2 - pil72 parking purpose to commercial use failing which they would be prosecuted under the M. R.& T. P. Act, 1966. Learned counsel for the corporation states that prosecution has already been launched against the respondent no.4. In response to a query from the Court whether any action has been taken by the corporation for removing the rolling shutters placed in the garage, learned counsel states that she has no instructions for the premises occupied by respondent no. 4 but, in so far as the premises in occupation of the respondent no.3 is concerned, she stated that the parking space is restored and respondent no.3 has discontinued the commercial use of the garage. 2. In view of the above, we think that interests of justice will be served if the petition is disposed of with a direction to the municipal commissioner for Greater Mumbai-respondent no.2 to take necessary action to ensure that the parking space in the basement space can be used and is being used only for parking purpose and not for commercial purpose. It is directed accordingly. CHIEF JUSTICE GIRISH GODBOLE, J - 3 - pil72