IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION (L) NO. 2741 OF 2007 PETITION (L) NO. 2741 OF 2007 PETITION (L) NO. 2741 OF 2007 Shivashahi Pratisthan & Anr. ..Petitioners V/s. The Municipal Corporation of Greater Mumbai & Anr. ..Respondents ...... Mr. Manoj Patil i/by Mr. A.B. Vagyani for the Petitioners Mr. K.K. Singhavi, Sr.Adv. with Ms.A.K. Savla for Respondent No.1 Ms. P.P. Tendulkar for Respondent No.2 ...... CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 11ST AUGUST, 2008. : 11ST AUGUST, 2008. : 11ST AUGUST, 2008. P.C.: . Heard the learned counsel for the parties. The learned counsel for the Petitioner pointed out to this Court that Respondent No.1 by relocating segregation plant at Lovegrow Pumping Station has caused hazards to the residents of nearby area and, therefore, they prayed the Municipal Commissioner for closure of the segregation plant of the Lovegorve. : 2 : 2. It is contended that the Respondent No.2 has failed to take any cognizance of the same despite of the fact that Petitioners have lodged protest with various authorities and has relocated the segregation plant at Lovegrove Pumping Station and, therefore, they should be directed to close down the work of such segregation plant. 3. The learned counsel appearing for the Respondent-MCGM states that the Municipal Corporation would comply with the requirements of the Maharashtra Pollution Control Board in terms of their notice dated 04.3.2008. Even otherwise nothing prevents Respondent No.2 from taking action against the officials of the MCGM, in case for non-compliance of their notice. Therefore, in our view, no purpose would be served by entertaining in this Petition, wherein the Petitioners have specifically sought the relief that the Respondent be directed and / or to discharge their duties under the Environmental Protection Act, and the Municipal Solid Waste Management (M & H) Rules, 2000. 4. In so far as the reliefs sought for by the Petitioners against Respondent No.1-MCGM not to shift, : 3 : relocate or start or commence the segregation unit of the refuge or the solid waste at Lovegrove or in the open space near or around Lovegrove is concerned, if the same has not been done in accordance with the provisions of the Environment Protection Act and the Municipal Solid Waste Management Rules, 2000, Respondent No.2 is at liberty to initiate necessary action the in the matter. 5. Therefore, this Petition stands disposed off accordingly. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)