1 CP-5-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CONTEMPT PETITION NO. 5 OF 2009 Smt. Laxmi Keshav Mhatre & Ors. ... Petitioners Vs. The Municipal Commissioner, Thane Municpal Corporation, Thane & Ors. Respondents Shri Mahesh Subramanium,Advocate, for the petitioners. Shi A.R.Pitale, Advocate, for the respondent Nos. 1 & 2. CORAM: J.H.BHATIA,J. DATE : 7th October, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. In Writ Petition No.5704 of 2008 filed by the present petitioners, the Division Bench of this Court had by order dated 29.8.2008, recorded the statement of the learned Counsel for the respondent No.1 - Municipal Corporation that they would look into the grievances made by the petitioners and decide the same in accordance with law within six weeks from that date. In view of that statement, the writ petition was disposed of. The grievance was that the respondent No.3 had constructed a septic tank which was creating pollution as per 2 CP-5-09.sxw the letter from the Pollution Control Officer of the Thane Municipal Corporation. Now, the respondent No.2, who is the Assistant Municipal Commissioner of the area, has filed an affidavit in reply. The affidavit reveals that the underground septic tank of the respondent No.3 is in existence since 1960 when the said area was within the limits of Grampanchayat. However, it is covered by newly constructed RCC slab. According to him, the Encroachment Department, including the Ward Officer, the Assistant Municipal Commissioner and a Junior Engineer visited the spot on 16.7.2010 to look into the grievances of the complainant. On taking inspection of tank and on scrutiny of the documents, they formed an opinion that if the action for removal/demolition of the said septic tank is undertaken, there would be massive pollution due to spreading of the dirty affluent and polluted water from the septic tank and it would adversely affect about 70 to 80 families. Accordingly, a report was prepared. In view of this, a decision was taken in the public interest to prevent pollution and health hazard to the surrounding inhabitants that the septic tank cannot be demolished. 3. In view of the above, it is clear that the Municipal Corporation has looked into the grievance of the petitioners and come to conclusion that the septic tank cannot be demolished. In view of this, it can be said that the statement made before the Division Bench has been complied with. There is nothing to show that 3 CP-5-09.sxw the act of the respondents was contumacious. Therefore, the Contempt Petition stands dismissed. (J.H.BHATIA,J.)