1 S IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.34/2003 Jitendra S.Kothari (In person) Petitioner Vs. K.P.Bakshi & Ors. Respondents Mr.R.S.Apte Sr.Advocate with A.A.Garge for Res.no.1 CORAM ; J.N.PATEL & MRS.MRIDULA BHATKAR,J. DATE : 1st JULY,2009. P.C. . The learned counsel appearing for the Municipal Corporation ,Thane tenders affidavit in reply which is sworn by Mr.Arvind Kotawadekar, Assistant Municipal Commissioner . In the affidavit in reply it is specifically stated that the Thane Municipal Corporation is conscience of the problem of unauthorised structures , they are conducting detailed survey of such unauthorised structures in the city and are consistently taking action of demolition of illegal structures in accordance with law as well as by institution of prosecution against wrong doers by invoking provisions of Maharashtra 2 Regional and Town Planning Act , 1966. The Corporation has also taken steps to put in place advertising policy and as required the same is sent to the State Government for approval and would be implemented. Further they have also initiated awareness campaign to educate the citizens residing within the municipal limits of the Thane Municipal Corporation . It is reflected in the compilation annexed as Exh.A . Further they have also taken steps for framing bylaws in order to regulate the hawkers in the city and that the General Body of the Corporation will be taking a decision to that effect. A copy of Government Resolution dated 2/3/2009 relating to the subject is annexed as Exh.B to the affidavit in reply . Therefore, in view of the steps initiated by Municipal Corporation the grievance made in Public Interest Litigation stands resolved . The petition can be disposed of accordingly. 2] We find that the Municipal Corporation has taken substantial steps for the identification and removal of unauthorised structures. They have also now focused their attention on the advertising policy to be implemented and further for regulating the hawkers as per the guidelines issued by the Hon’ble Supreme Court . In view of this we 3 do not find that any further purpose would be served in keeping the petition pending. 3] We are,therefore, disposing of the petition by expressing our concern that the least expected of ,respondent municipal corporation is to discharge the statutory function in a meaningful and effective manner so that the things are within manageable limits. Though the Municipal Corporation has claimed that they are carrying out detailed survey of unauthorised structures and have been consistently taking action against unauthorised structures they are unable to prevent growth of unauthorised structures and encroachments for which they should take positive steps. Needless to say that under the Bombay Provincial Municipal Corporation Act, 1949 the Corporation is entitled to take aid and assistance of the police force in order to implement their policies for regulating the hawkers, demolition of unauthorised structures and its prevention. 4] In Public Interest Litigation the Principal Secretary of Urban Development Department has already filed an affidavit wherein it is stated that the Urban Development Department has framed a road 4 map for dealing with these problems. This is a matter of concern not only in Thane Municipal Corporation but throughout the State of Maharashtra. 5] With the aforesaid directions and observations the petition stands disposed of . No costs. (J.N.Patel,J.) (Mrs.Mridula Bhatkar,J.)