1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 512 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 158 OF 2006 Disha ........Petitioner versus Municipal Corporation of Gr. Mumbai & ors........Respondent. And Vinesh Ramachandra Bhagat ... Applicant Mr. P.P. Surve for applicant. Mr. K.K. Singhvi a/w Geeta Joglekar adv. for the Respondent -BMC Mr. G.W. Mottos AGP for State. CORAM: J.N. PATEL Acting C.J. AND B. R. GAVAI, J. DATED : 27th January, 2010. P.C.: 1. This Notice of Motion has been taken out by one of the occupants of MHADA chawl which is subject matter of this petition seeking disposal of the PIL on the ground that the petitioners have no interest in the matter. This being PIL, the locus standi of the petitioner cannot be questioned, Therefore Notice of Motion is dismissed. (Acting C.J.) (B.R. Gavai, J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 377 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 158 OF 2006 Disha ........Petitioner versus Municipal Corporation of Gr. Mumbai & ors........Respondent. And Suryakant Shankarao Pawar ..... Applicant. Mr. L.H.Patil for applicant. Mr. K.K. Singhvi a/w Geeta Joglekar adv. for the Respondent -BMC. Mr. G.W. Mottos AGP for State. CORAM: J.N. PATEL Acting C.J. AND B. R. GAVAI, J. DATED : 27th January, 2010. P.C.: 1. This Chamber Summons has been taken out by the applicant to be joined as party respondent. The applicant has received the notice under sec. 351 of the Bombay Municipal Corporation Act, which he wants to challenge by intervening in this petition. The applicant has remedy available to him under the law. Therefore chamber summons is dismissed. (Acting C.J.) (B.R. Gavai, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 158 OF 2006 Disha ........Petitioner versus Municipal Corporation of Gr. Mumbai & ors........Respondent. Mr. Mohamed Shaikh-Chairman of Disha -present Mr. K.K. Singhvi a/w Geeta Joglekar adv. for the Respondent -BMC. Mr. G.W. Mottos AGP for State. CORAM: J.N. PATEL Acting C.J. AND B. R. GAVAI, J. DATED : 27th January, 2010. P.C.: 1. We would like to know from the Municipal Commissioner of MCGM so also the Vice President/Chief Executive officer of MHADA as to what action they propose to take against their own officials who are bound under law to prevent unauthorised, addiition and alteration of existing structure and if they fail to do so the court is of the view that unless disciplinary action is taken against the officials of the statutory bodies who are bound to prevent the illegal additions and alterations, this 4 tendency on the part of citizens to make illegal additions and alterations would never cease. Therefore it will be proper that these two officials should come up with a proposal which they want to implement in respect of taking disciplinary action against their own officials who have failed to perform their statutory duties in preventing illegal additions and alterations of the existing structure which are subject matter of this petition. We expect them to file their affidavit by next date. Stand over for one week. (Acting C.J.) (B.R. Gavai, J.)