AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6907 OF 2008 Ragunath Makdu Lohar ... Petitioner Vs. The Pimpri Chinchwad New Town Development Authority & Ors. ... Respondents Mr. V.D. Raut for the petitioner. Ms. M.P. Thakur, A.G.P. for the State. Mr. Vijay Patil for respondent 1. Mr. S.P. Thorat for respondent 2. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 3RD AUGUST, 2009. P.C.:- 1. The grievance of the petitioner is that a Ganpati temple is constructed in 2003 in the open space within the jurisdiction of Pimpri-Chinchwad Municipal Corporation. The petitioner is seeking a direction to respondents 1 and 2 i.e. the Pimpri Chinchwad New Town AJN 2 Development Authority and the Pimpri Chinchwad Municipal Corporation to remove the alleged unauthorized construction. 2. We have heard learned counsel for the petitioner. He vehemently submitted that it is the duty of the Commissioner of Municipal Corporation to ensure that no unauthorized construction comes up on the land reserved as ‘open space’ in the Development Plan and if such construction comes up, it is also his duty to ensure that it is removed. There can be no dispute about this proposition. However, we find that in this case, several disputed questions of facts are involved which we cannot decide in our writ jurisdiction. It will be open for the petitioner to adopt such remedy as may be available to him in law. We have not expressed any opinion on the merits of the case. The petition is disposed of. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]