1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.1 OF 2009 Sanjay Shirke ...Petitioner. v. The M.C.GM. And Ors. ...Respondents. Mr.Vishal Kanade with Mr.Sanjay Gawde, advs. For the Petitioners. Mr.K.K.Singhvi, Sr.Counsel with Mrs.Shobha Ajit Kumar, advs. For the Respondents. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 17th February , 2010. P.C. 1 Petitioner has approached this Court praying to issue an appropriate writ to the Respondent/Corporation to re-construct the public toilet in its original place. That toilet was demolished and in terms of the affidavit filed by Rajendra D. Narvankar, the same is provided in the Municipal Market on the ground floor in the same area. Demolished structure though existing since last 30 years was coming in the setback area of the Walkeshwar Road. The acquisition of the setback land was taken by the Corporation on 10.1.2003 from the owners and an entry is provided to the toilet block in the building and is open to the public who can cater to their needs. 2 2 In the affidavit rejoinder filed on behalf of the respondents, it is pointed out that sometimes toilet was closed and only on the filing of the petition, access has been opened to the public. Considering the above averments, in our opinion this petition can be disposed off by issuing following directions: 1. Toilet be kept open with access to the public at all times and without any blockage to the access thereto. 2. If the grievance of the petitioner is that there are no sufficient toilet facilities in the area, it will be open to the petitioner if there is any area in which such construction can be put to represent to the relevant Deputy Commissioner of the concerned ward. On such representation being received, Deputy Commissioner to consider the same and communicate the decision to the petitioner at any rate not later than eight weeks from the date of receiving the representation. To ensure that the public are aware of the toilet facilities, a permanent board be put in place of the existing board. 3 With the above observations, Public Interest Litigation stands disposed off. (J.H. BHATIA,J.) (F.I.REBELLO, J.) 3