77-wp-3341-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3341 OF 2025 Kamleshsingh Harnamsingh Chowhan ...Petitioner Versus The Bombay Building Repairs & Recon & Ors. ...Respondents Mr. Vivek Kantawala a/w Mr. Vivek M. Sharma, Ms. Harsha Masand, Mr. Shaurya Singh Chowhan i/b Mr. Vivek M. Sharma for the Petitioner. Mr. Bibhishan Sutar a/w Ms. Jyoti Mhatre i/b Adv.Komal Punjabi for the Respondent – MCGM. Ms. Sneha Prabhu for the Respondent Nos.1 and 2. CORAM : M. S. KARNIK & SANDESH D. PATIL JJ. DATE : 20 th AUGUST, 2026 P.C. (PER SANDESH D. PATIL, J): 1. By the present petition, the petitioner is seeking to quash and set aside the letter dated 10th June, 2025 issued by the Respondent Nos.1 and 2. The said letter is at ‘Exhibit Q’ to the petition. Wakodikar 1/3 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.08.21 18:56:33 +0530 77-wp-3341-2025.doc 2. By the impugned letter, the respondent Nos.1 and 2 had contended that during the routine inspection as well as pre-monsoon survey of 2025 – 26, the building of the petitioner was found to be in dilapidated condition. The respondent Nos.1 and 2 contended that the building was classified as C1 category. The petitioner contended that the building could not have been categorized as C1 category and it can be repaired. The learned Counsel appearing for the petitioner has invited out attention to the affidavit-in-rejoinder filed by the petitioner. In the said affidavit, the petitioners have annexed report by their Civil Structural Engineer who have certified that the structure is a ‘C to B’ structure and can be repaired. 3. The respondent Nos.1 and 2 have filed their affidavit-in- reply. 4. Learned Counsel for the petitioner states that it would be advisable to refer the matter to the Technical Advisory Committee Wakodikar 2/3 77-wp-3341-2025.doc (TAC) constituted for that purpose. He states that in light of the submissions made by the respondents, he is agreeable to go to the Technical Advisory Committee (TAC). He further submits that if the structural audit is conducted by the Technical Advisory Committee (TAC), his grievance would be redressed. In such circumstances, the following order is passed : ORDER (i) The parties to get the structural audit done by the Technical Advisory Committee (TAC). (ii) The Technical Advisory Committee (TAC) to submit their report within four weeks from the date of passing of this order. (iii) The expenses for the structural audit be born by the petitioner. 5. Petition is accordingly disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 3/3