:1: 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 CONTEMPT CONTEMPT CONTEMPT PETITION NO. 74 OF 2008 PETITION NO. 74 OF 2008 PETITION NO. 74 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 1471 OF PETITION NO. 1471 OF PETITION NO. 1471 OF 2005 2005 2005 Mr. Chandrakant s/o. Harilal Goyal. ... Petitioner. V/s. The State of Maharashtra & Ors. ... Respondents. Mr. G.N. Salunke for the Petitioner. Ms. Puranik for Repondent No.2/BMC. Mr. Rajiv Narula a/w. Mr. Basant Trilokani i/b. J. Narula & Asso. for Respondent No.3. Mr Rajesh Sakare, Sub-Engineer, Bldg. Proposal (Western Suburbs) present. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 04TH 04TH 04TH MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . This is a Contempt Petition alleging the the Third Respondent is guilty of contempt of the order dated 26th April 2006 passed in Writ Petition No.1471 of 2005. It is stated that the Court recorded an undertaking of Respondent No.3 that the amended plans for construction of new building to accommodate the existing tenants whose structures are affected by road widening have been already submitted, within a week from sanction of the plans, the Third Respondent shall commence the work of construction by demolishing old structures. Further, undertaking was that the construction shall be completed within a period of three months as is clear from the order, copy of which is annexed at Exhibit ‘A’ to this Contempt Petition. The :2: Contempt Petition was filed on 12th August 2008 alleging deliberate and willful non-compliance with the order and direction of this Court. 2. On the last occasion, Mr. Narula, learned Counsel appearing for Respondent No.3 took time to file a further affidavit. He stated that an affidavit was filed on 12th September 2008, in this Contempt Petition. However, after the order passed by the Division Bench dated 26th April 2006 and since the Third Respondent could not comply with his undertaking, he took out Notice of Motion No. 234 of 2008 praying for extension of time upto 31st May 2008 to demolish the existing shops. Mr. Narula states that there were several difficulties pointed out to the Division Bench including litigation initiated by some of the occupants/shop holders. He points out that the Division Bench has duly extended the time. Within the time stipulated/extended, the shops have been demolished and the area is cleared. The affidavit dated 28th February 2009 sets out these facts. Mr. Narula therefore prays that the Contempt Petition be dismissed. Mr. Salunke states that the road which is to be widened is a main/Artirial road. The vehicular and other traffic on the road is immense and therefore, road widening has to be done expeditiously. Now, that the area is cleared of shops and structures, the Third Respondent must take steps to comply with the terms and conditions imposed by the Corporation on him and hand over the road. :3: 3. In the Morning Session this matter was called out and it was kept back to enable Corporation’s Advocate to take instructions. Accordingly, she has taken instructions from Mr. Rajesh Sakare, Sub-Engineer, Building Proposals (Western Suburban), who is present in Court and he states that the Corporation would extend all co-operation to the Third Respondent in making the road as per the specifications. 4. Mr. Narula, on instructions from the Third Respondent, makes a statement that the Third Respondent would make the road and hand it over to the Corporation as expeditiously as possible and in any event by 31st May 22009. Needless to state that compliance with this statement would mean the making of the road or taking such other step as is stipulated by the terms and conditions of the I.O.D./C.C. including handing over amounts necessary for making a road. 5. In the light of the above statements, the Contempt Petition is disposed off. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)