1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 429 OF 2008 Mr.Shekhar Gundu Acharya ... Petitioner v/s The Mumbai Municipal Corporation of Greater Mumbai ... Respondents and Mr.Viraj Patil ... Contemnor Mr.Mohit Jadhav for the petitioner. Mr.A.Y.Sakhare with Mr.M.M.Malvankar for the B.M.C. CORAM: SMT.NISHITA MHATRE, J. DATED: 20TH NOVEMBER, 2009 P.C.: 1. The contempt petition has been filed contending that the Municipal Corporation has not complied with the directions contained in the order dated 5.8.2008 passed in Long Cause Suit No.258 of 2008. The suit was disposed of by recording that the defendant i.e. the Mumbai Municipal Corporation would follow due process of law against the 2 unauthorized construction. Since this was the main prayer, the suit was disposed of. 2. It is contended by the petitioner that despite this order and the statement being made, the Corporation issued a notice under Section 314 of the Mumbai Municipal Corporation Act. That notice was replied by the petitioner and immediately thereafter petitioner’s structure was demolished. 3. In my view, this act of the Corporation cannot amount to contempt of the order dated 5.8.2008. The petitioner may adopt any other course of action for redressal of his grievance against the Corporation. However, a contempt petition is not maintainable. 4. Contempt petition rejected. ..... 3