JUDGMENT - V.C. DAGA, J.:---This writ petition under Article 226 of the Constitution of India is to seek a writ of Mandamus to compel respondent No. 1 Municipal Corporation of City of Ulhasnagar ("Corporation", for short) to discharge its duty and obligation under statute to see that the residential or commercial area of the town is not spoilt by unauthorised construction.

FACTS IN BRIEF

In order to appreciate the grievance of the petitioner against the Corporation, few relevant facts need to be noticed at the outset :---

2. The petitioner is an Educational Public Trust, duly registered under Bombay Public Trusts Act, 1950. Respondent No. 1 is a Corporation duly constituted under Bombay Provincial Municipal Corporations Act, 1949 ("said Act of 1949", for short). Respondent No. 1 is also a Planning Authority within the meaning of Maharashtra Regional Town Planning Act, 1966. Respondent No. 2 is the Commissioner of respondent No. 1 Corporation. Respondents No. 3 and 4 are the persons who have indulged in illegal constructions, which is a subject-matter of this writ petition. Respondent No. 5 is the State of Maharashtra.

3. The petitioner-Society is running a Girls High School and a J

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