1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1054 OF 2009 Ganeshlal Nathulal Paliwal ).. Petitioner Versus Municipal Corporation of Greater Mumbai ) and others ).. Respondents Mr. J. Reis a/w Mr. Prashant Ghelani i/b Markand Gandhi & Co. for the Petitioner. Mrs. V.S. Gharapure for the Mumbai Municipal Corporation. CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 8TH SEPTEMBER 2009 P.C. We have heard the learned Counsel appearing for the parties. The challenge in the present Writ Petition is to the letters dated 13th August 2008 and 28th January 2009 in furtherance to which the Respondent Municipal Corporation have proposed to change the road alignment in relation to CTS Nos.14B of Village Hariyali, Taluka Kurla on the basis of the sanctioned D.P. plan of 1991, Exhibit “A” to the Writ Petition. 2. Reply affidavit has been filed on behalf of the Respondent Corporation. In paragraph 5 of the said affidavit, it has been stated that 2 the road is abutting boundary of CTS No.9 of the same village and the old sanctioned D.P. plan sanctioned in the year 1962 was proposed to be changed. It was further stated that in view of the variation in the alignment of D.P. road as per the revised plan, it was necessary for the Respondent Corporation to realign 15.25 mtrs. which would obviously affect CTS No.14B. In the affidavit it has no where been stated that the objections under Section 37 of the Mumbai Municipal Corporation Act, 1888 were invited and considered in accordance with law. Even at the Bar, there is no such argument raised. 3. In view of the above circumstances and non-compliance with the said provisions, to which there is hardly any dispute, we dispose of this Writ Petition with a direction that the impugned letters dated 13th August 2008 and 28th January 2009 will not be given effect to and the Corporation will invite objections in accordance with law and pass appropriate orders expeditiously. No order as to costs. CHIEF JUSTICE A.M. KHANWILKAR, J.