34.WP.17615.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17615 OF 2025 Anil Digambar Gharat ...Petitioner Versus Vasai Virar City Municipal Corporation And Ors ...Respondents Mr. Subodh Desai, Senior Advocate a/w. Nishtha Gard i/b. Aashka Shell for the Petitioner. Mr Tanmay Vasane i/b. Ashwin Kapadnis for the Respondent Nos. 1 and 2 CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 17th SEPTEMBER, 2026. P.C.: 1. In view of the order we propose to pass, no Notice is required to be issued to the Respondents as the Petitioner has confined the relief. As per the Survey Report it is an admitted position that there are certain encroachment over survey no. 90, Hissa No. 5 and 6 out of 91, 92 out of 93 Hissa No. 1 out of, 94 out of, Survey No. 137 and 293. 2. Learned Senior Counsel for the Petitioner having the confined reliefs at this stage, appropriate directions can be issued to the Respondent-Corporation to examine the claim set up by the Petitioner and the remedied in accordance with the law. 3. Considering the factual situation as emerged before us, we are not inclined to issue notice to the private Respondents. Needless to say, the Respondent- Corporation may proceed and decide the claim/representation of Petitioner dated 04/10/2025 strictly in consonance with the provision as enshrined in the Mumbai Municipal Corporation Act, 1988 but certainly after giving ample opportunity to all the stakeholders. AKN 1 34.WP.17615.2025.doc 4. The Writ Petition is Disposed Of in light of the above observations/directions. 5. Suffice to indicate that we have not gone into the merits of the matter. 6. This order has been passed with the due assistance of Mr Tanmay Vasane, learned Counsel appearing for the Respondent Nos. 1 and 2. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN 2