1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INT. LITIGATION NO.10 of 2009 Vasant Ramchandra Ghanekar .. Petitioner Versus State of Maharashtra & Anr. .. Respondents Ms.Leena Patil i/b. Mr.M.S.Karnik for petitioner Mr.R.P.Behere, AGP for respondent No.1 Mr.R.S.Apte, Senior Advocate with Mr.DMahesh Patil i/b. M/s.Mulani & Co. for respondent No.2. CORAM : ANIL R. DAVE, C.J. & S.C.DHARMADHIKARI, J. DATE : 25th March 2010. P.C.: 1] In this public interest litigation it has been alleged that one M/s.Mahavir Enterprises has put up illegal construction in Naupada area, Thane City. 2] The allegation is that respondent No.2 Corporation has not taken any action for demolition of the construction in question. 3] In pursuance of notice issued by this Court, Mr.Apte, learned Senior Counsel has appeared for respondent No.2 Corporation and has submitted that at an earlier occasion the construction put up by M/s.Mahavir Enterprises had been demolished but illegal construction 2 has been put up again. It has also been submitted that a suit has been filed for restraining the respondent Corporation from demolishing the construction. However, no interim relief has been granted in favour of M/s.Mahavir Enterprises or any of its partners. An appeal filed against the order refusing the interim relief has also been dismissed. However, the person who has put up the illegal construction has approached the Hon’ble Apex Court and the matter is pending before the Hon’ble Supreme Court. 4] Learned Counsel for the Corporation has submitted that if the Hon’ble Supreme Court does not pass any order restraining the Corporation from demolishing the illegal construction within six weeks from today, then appropriate action in accordance with law would be taken for demolition of the illegal construction. 5] In view of the above statement made on behalf of the respondent No.2 Corporation, the petition is rejected. (CHIEF JUSTICE) (S.C.DHARMADHIKARI, J)