The main legal point established in the judgment is the obligation of the corporation to maintain the swimming pool in a hygienic and proper condition as a public place, leading to the issuance of directions for improvement.

JUDGMENT - R.M. LODHA, J.:---Heard.

2. By means of this writ petition filed under Article 226 of Constitution of India, the petitioners have approached this Court for issuance of writ of mandamus directing the respondents to take steps to improve the maintainance and upkeep of Mahatma Gandhi Memorial Olympic Swimming Pool at Shivaji Park, Dadar, Bombay and perfect hygienic and sanitary condition. It is also prayed by the petitioners that the respondents be directed to employ a full-time Manager and also undertake necessary repairs and renovations.

3. The petitioners claim to be interested in improving the standards and facilities at the Mahatma Gandhi Memorial Olympic Swimming Pool and appear to have approached this Court by way of Public Interest Litigation. The Mahatma Gandhi Memorial Olympic Swimming Pool (for short 'swimming pool') is said to have been commissioned in the year 1952 by Bombay Municipal Corporation. In the beginning, the standard of swimming pool was maintained and it provided good facilities of swimming to the users. The swimming pool had other allied facilities such as (1) Lockers (2) Change Rooms (3) Urinals Toilets and (4) Canteen facilities and for providing these facilities to the users of swimming pool, the Corporation would charge the fees on casual basis and annual basis. The petitioners have alleged that the deterioration in maintainance upkeep of facilities of swimming pool started in the year 1982 and by the year 1991, it has reached complete pinnacle of disaster. The petitioners, who were the convenors of Action Committee constituted or meeting the standards and facilities at the swimming pool, made a representation to the Municipal Commissioner on 22-8-1991 bringing to his notice complete unhealthy atmosphere and climate which was causing prejudice to the health of users, total mismanagement of the swimming pool and bad conditions there. They continued to make representations to the concerned authorities from time to time and when nothing concrete was done, they were constrained to file this writ petition.

4. Pursuant to our order dated 11-9-2001, the respondents had filed a return through one Smt. Pallavi P. Thakur as Manager of the swimming pool. In the return, the details of the steps taken for renovation and repairs of the swimming pool have already been set out. It is submitted that as necessary steps have been taken by the respondents with regard to swimming pool, renovation, maintenance and upkeep, no further order needs to be passed by this Court.

5. From the material available before us, it is clear that swimming pool was commissioned by the corporation in the year 1952 as a prestigious project for providing swimming facilities of the Olympic Standard to the people of Bombay. The swimming pool admeasures 50 mtrs. x 20 mtrs. and 25 mtrs. on "1" shape. There are about 10200 members and the swimming pool is big enough where 300 people can swim at a time. It does appear that after some years of its commission, the maintainance and the upkeep of swimming pool deteriorated and deficiencies were brought to the notice of the concerned authorities of the corporation. The corporation has admitted that swimming pool was closed for renovation and repairs relating to civil works which commenced in the month of February, 1997 and completed in the month of March 1998. By way of renovation and repairs, the tiles in the swimming pool have been replaced, dressing rooms, change rooms, water closets, lockers, doors, etc. have either been replaced or repaired as were found to be necessary. Old filtration plant has also been replaced and according to the corporation now, the pool water is filtered and chlorinated every six hours. It appears that an expenditure of more than Rs. 75 lacs has been incurred on the said renovation and repairs. In the return, the corporation has also stated that in the month of April, 2001, some tiles in the pool which were found broken have been replaced and full-time Manager has

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