1 INTHE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2315 OF 2009 Jayesh Govindji Manek & Anr. ...Petitioners V/s. The Municipal Corporation of Greater Mumbai & Ors. ...Respondents Mr. H.S.S. Murthy i/by Mr. Ashutosh A. Singh for the Petitioners Ms. G.S Joglekar for Respondents No. 1 to 3 Mr. D.H. Mehta with Mr. Kalpesh Mehta and Mr. Pravin Mehta i/by M/s. Pravin Mehta & Mithi & Co. for Respondents No. 4 and 5. CORAM: J.N. PATEL, AG. C.J., AND S.C. DHARMADHIKARI, J. DATE: MAY 06, 2010 P. C.:- On 23rd April, 2010, this Court had recorded a statement of the respondent-Corporation that it would remove all unauthorised hawkers / stall holders from the subject property within a period of two weeks, with police assistance. 2. An affidavit is filed by one Ashok Sahebrao Pol, working as Assistant Engineer, at R/Central Ward, 2 Municipal Market Building, Borivali West, Mumbai, in which he specifically makes a statement that the unauthorised encroachment, blocking the view of the petitioners’ premises, i.e., Shop No. 43, has been removed on 27th April, 2010, with the help of Borivali Police station. The remaining encroachment around Thakkar Shopping Mall was removed on 3rd May, 2010. 3. Ms. Joglekar, learned advocate, for respondents No. 1 to 3, produces a photograph of the site after removal. 4. In the light of the affidavit filed by the Corporation, we are satisfied that necessary action, in accordance with law, has been initiated and completed by the Municipal Corporation of Greater Mumbai. Needless, therefore, to state that it is the duty of the Corporation to ensure that no unauthorised construction or encroachment takes place in the subject area/property hereafter. 5. With this observation, the petition is dismissed. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J.