IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1021 OF 2008 IN SUIT NO.1173 OF 2005 Gordhandas S. Garodia & Anr. ...Plaintiffs Vs. Deputy Salt Commissioner & Ors. ...Defendants And Municipal Corporation of Greater Mumbai ...Applicants Ms.P. Mhatre i/b. S. Satpute for Plaintiffs Mr. S.R. Rajguru for Defendants Mr.S.U.Kamdar Sr. Counsel with Mr.H.Pimple and Mr. R.S. Sirsekar i/b. Khatu for Applicant CORAM: SMT.ROSHAN DALVI, J. DATED: 30TH AUGUST, 2008 P.C. 1. An ad-interim order in terms of prayer (a) of the previous Notice of Motion No.1246 of 2005 came to be granted in this Suit on 26th April, 2005, which came to be continued on 10th June, 2005. The Defendants were restrained from taking further steps pursuant to an order dated 2nd November, 2004 issued by the Defendant without following due legal process. The Defendants have not taken any steps. 2. After the order came to be passed the Municipal Corporation was required to carry out certain works of training, widening and deepening certain major nallas in Bhandup, Kanjurmarg and Vikroli areas of Mumbai for arresting the floods that may take place in the City during the monsoon. The Applicants MMC have to carry out the work on the basis of a report of a fact finding committee for the aforesaid purpose. The Defendants did not allow the MMC to carry the work fearing breach of the interim orders passed in the aforesaid Notice of Motion. Hence, this application. 3. The work is required to be carried out as a necessity. It is in public interest. Hence, MMC must be allowed to carry out the work inter alia on the lands belonging to the Defendants, which are the suit lands. 4. Hence, the following order:- i) The MMC shall be allowed to carry out the work mentioned in their notice dated 9th October, 2007. Counsel on behalf of the MMC undertakes to remove all the debries that may arise from the said work. ii) The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)