:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.2113 OF 2008 PETITION NO.2113 OF 2008 PETITION NO.2113 OF 2008 Pidlite Industries Ltd. and another ..Petitioners V/s The Municipal Corporation of Gr. Mumbai And others ..Respondents Mr.Virag Tulzapurkar i/b Wadia Chandy & Co. for the petitioner Ms Priti Purandare for respondent Nos. 1 to 4 Mr.S.M.Sakhardande a/w C.D. Patwardhan for respondent No.5 CORAM CORAM CORAM : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 23RD SEPTEMBER, 2008 : 23RD SEPTEMBER, 2008 : 23RD SEPTEMBER, 2008 P.C. 1. The grievance of the petitioner is in connection with the construction of road by respondent No.5. It is submitted by the learned Counsel for the petitioner that if the road is allowed to be constructed, the petitioner will be deprived of the access to the main road. This submission is opposed by the learned Counsel Mr. Sakhardande appearing for respondent No.5. The Corporation has already filed affidavit and the learned Counsel appearing for the Corporation Ms. Purandare submitted that so far as the construction of the road is concerned the respondent No.5 has to submit plans for approval of the Corporation. It is :2: also submitted on behalf of the Corporation that the plans are to be submitted to the Chief Engineer of the Roads Department for remarks and on the basis of such opinion of such officer the Corporation is required to take decision as to whether the plan of the road is to be approved or not. The learned Counsel Mr. Sakhardande for respondent No.5 submitted that the plans are already submitted, however, no decision is taken regarding sanction of the plan. Considering the said statement, we direct the respondent-Corporation that at the time of sanctioning the plan, they may consider the objection of any one in this behalf. If any objection is received in this connection it will take appropriate decision in accordance with law and as per the Rules and Regulations. If any party has any grievance thereafter regarding sanctioning the plan such party can take appropriate recourse as per law. However, till the corporation takes decision regarding sanction of plan, status quo order operating in regard to the construction of road, is to be maintained and the road shall not be constructed. We therefore, dispose of this petition subject to the aforesaid directions. 2. At this stage, the learned Counsel Mr. :3: Tulzapurkar submitted that the petitioners have already made some representation in connection with water tank etc. We are not expressing any opinion on this aspect as the respondent-Corporation is required to take the decision and to communicate the decision to the concerned party who has made representation. In case, any application for approval of plan is pending/submitted by respondent No.5, Corporation may take appropriate decision as indicated earlier, expeditiously, preferably within a period of four weeks from today. Status-quo granted earlier to continue till the Corporation takes decision. Whatever decision is taken by the Corporation may immediately be communicated to respondent No.5 as well as any objector and the present petitioner, who has already lodged the objection in advance regarding the approval of the plan. (P.B. (P.B. (P.B. MAJMUDAR, J.) MAJMUDAR, J.) MAJMUDAR, J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)