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1959 DAILYLAW 151 (BOM)

KRISHNA NARAYAN VETAL v. MUNICIPAL CORPORATION OF GR. MUMBAI

WP/1959/2026 · 2026-09-10

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Judgment text

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12-WP.1959.2026.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1959 OF 2026 Krishna Narayan Vetal alias Bhanudas} Narayan Vetal } Petitioner Versus Municipal Corporation of Greater } Mumbai & Ors. } Respondents Mr. Prathamesh Seth with Ms. Trupti Gosavi, Ms.Vrunali Kirtikar and Ms. Grishma Karane, Advocates for the Petitioner. Ms. Shweta Patankar, Advocate for Respondent-BMC. Mr. Sandip Sawant, Sub-Engineer (B&F) H/West Ward present. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 10th SEPTEMBER, 2026 P.C.: 1. Heard Mr. Prathamesh Seth, the learned counsel for the Petitioner and Ms. Shweta Patankar, the learned counsel appearing for the Respondent-BMC. 2. The instant Writ Petition is preferred, inter alia, for the following relief: - “(a) this Hon’ble Court be pleased to admit the Petition; (b) this Hon’ble Court be pleased to issue Writ of Certiorari and/or any other appropriate Writ, Order or direction in the nature of Mandamus ordering and directing the Respondent No. 1 to forthwith initiate action against the Respondent Nos. 2 to 4 under the provisions of the Mumbai Municipal Corporation Act, 1888, Development Control Regulations and the Maharashtra Regional and Town Planning Act, 1966 in respect of the unauthorized and illegal construction of the 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.09.11 18:47:56 +0530 12-WP.1959.2026.doc Respondent Nos. 2 to 4 at 214/B, Shri Laxmi Nivas, 21st Road, C. T. S. No. D/854 of Village Peth-Danda, Taluka Andheri, Mumbai Suburban District, Khar Danda, Khar (West), Mumbai-400 052 and to demolish the illegal and unauthorized work forthwith.” 3. The learned counsel for the Petitioner submitted that the Petitioner has filed several complaints/representations way back on 19th December 2024, 21st April 2025, 30th September 2025 and 17th December 2025 addressed to the Respondent No. 1-Corporation. The said complaints/representations have not been considered and/or decided till date. Hence, the Petitioner has invoked the jurisdiction of this Court. He submits that the Respondent No. 1- Corporation be directed to decide the aforesaid complaints/representations expeditiously and in accordance with law. 4. Without adverting to the merits of the case, with consent of the parties, we dispose of the Petition with a direction to the concerned authorities of the Respondent No. 1-Corporation do decide the complaints/representations filed by the Petitioner on 19th December 2024, 21st April 2025, 30th September 2025 and 17th December 2025 expeditiously and preferably within a period of two months from today, after affording an opportunity of hearing to all the stake holders. 5. With the aforesaid direction, the writ petition is disposed of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2