-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1600 OF 2008 Prabhadevi Himgiri Co-op. Hsg. Soc. Ltd. ...Petitioner versus The Municipal Corporation of Gr. Mumbai and others ....Respondents Mr. Virag Tulzapurkar, Senior Advocate, with Mr. A.C. Singh, instructed by Mr. D.R. Shah for the petitioner. Mrs. S.M. Modale for the respondents. CORAM: P.B. MAJMUDAR & A.A. SAYED, JJ. DATE: JULY 30, 2008. P.C. The petitioner is a Co-operative Housing Society. By filing this petition, the petitioner society has prayed for a direction to the respondent- Corporation to allow the petitioner-society to carry out tenantable repairs as per Section 342 of the Mumbai Municipal Corporation Act, 1888 (hereinafter “the Act” for short). 2. Mr. Tulzapurkar, learned Senior Counsel appearing for the petitioner, has submitted that the tenantable repairs are to be carried out urgently in view of the fact that the monsoon is in full swing and the repairing work which is being done is in consonance with Section 342 of the -2- Act as it is merely a tenantable repair and no structural alteration is going to be made by carrying out such repairing work. 3. The learned counsel appearing for the Corporation states that so far as tenantable repairs are concerned, naturally the Corporation cannot have any objection as the society can carry out such tenantable repairs. However, it is submitted that under the guise of tenantable repairs, the petitioner-society should not make any structural alterations while carrying out such construction. 4. After hearing both the learned counsel, we are of the opinion that the petitioner society should be permitted to carry out tenantable repairs without submitting any plan or without taking prior consent from the Corporation and the Corporation shall not prevent the petitioner society from carrying out such tenantable repairs. The petitioner society is permitted to carry out the tenantable repairs without taking approval of the Corporation or without submitting any plans as no such permission is required for carrying out tenantable repairs. It will be open for the Corporation to inspect the premises by deputing its officer, if they so desire, to find out whether really tenantable repairs are carried out by the society or any other structural alteration has been made. -3- 5. The petitioner-society is accordingly permitted to carry out such tenantable repairs as per law and it will be open for the Corporation to make an inspection of the site. If the Corporation is of the opinion that structural alteration has been made, the Corporation can always act as per law, of course, after hearing the concerned parties in this behalf. 6. The petition is accordingly disposed of with the aforesaid observations. P. B. MAJMUDAR, J. A.A. SAYED, J.