((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2589 OF 2007 Arumuga Co-op. Housing Society Limited and another Petitioners versus Mumbai Municipal Corporation of Greater Mumbai and others Respondents Ms.N.V.Sanglikar for petitioners. Ms.P.A.Purandhare for respondents 1 to 5. WITH WRIT PETITION NO.3 OF 2008 Mythili Co-op. Housing Society Limited and others Petitioners versus Municipal Corporation of Greater Mumbai and others Respondents Mrs.N.V.Sanglikar for petitioners. Mrs.P.A.Purandhare for respondents 1 to 5. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 16th October 2008 PC : 1. The petitioners’ grievance is connected with the action of the respondents in seeking to widen the existing D.P.Road. An order was passed by this Court on 11th September 2008 ((-2-)) whereby a committee was to be appointed to examine the case of petitioners. The committee has since been constituted and has submitted its report dated 30th September 2008. In terms of the said report, the committee is of the opinion that it is absolutely necessary that Pestom Sagar, Road no.2 should be widen to its full width i.e. 18m/18.30 m. as per the prescribed sanctioned plan. 2. We find that the committee was consisted of several high ranking officers. In our opinion, therefore, considering the report of the Expert Committee and as the road was included in the D.P.Plan, the reliefs as prayed for, cannot be granted. 3. However, we make it clear that the respondent Corporation, if seeks to widen the said road, then the action should be in its entire length and not only with regard to the area of the petitioner societies. 4. Counsel for the petitioners contends that if the area is taken in possession for widening the road, it will lead to nuisance and encroachment on the said area which is sought ((-3-)) to be acquired from the land in possession of the petitioners. The learned counsel on instructions also makes a statement that they are willing to give an undertaking that as soon as other land for widening of the D.P.Road is acquired, they will voluntarily hand over the possession of the land required for the D.P.Road subject to compensation, if any. In our opinion, that is a fair suggestion. 5. The petitioner societies to file separate undertakings before this Court accompanied by resolutions of their Managing Committees that as soon as the Corporation informs that other areas on the said D.P.Road are acquired for road widening and taken in possession, that they will hand over the possession of the land as required for the D.P.Road. If such undertakings are filed, the respondent Corporation not to take possession of the lands of petitioners except in terms of the undertakings. The undertakings to be filed within one month from today. 6. With the above observations, the writ petitions are disposed off accordingly. ((-4-)) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)