37.WP.4449.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4449 OF 2026 Mrudula Gordhandas Kapadia … Petitioner versus The Municipal Commissioner, Brihanmumbai Municipal Corporation & Ors. … Respondents Mr. Prathmesh Bargude a/w. Mr. Ameya Tawde i/b. Mr. K. Amol for the Petitioner. Ms. K. H. Mastakar for Respondent - BMC. Mr. Ramachandran Narayanan a/w. Ms. Purva Pendurkar, Mr. Kishor More, Mr. Aayush Ramachandran i/b. M/s. Narayanan & Narayanan for Respondent No.3. Mr. Vivek Bagde, Sub Eng, F/North Ward present. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 22nd SEPTEMBER, 2026. P.C.: 1. Learned Counsel for Petitioner vehemently contended that the complaint of the Petitioner had been entertained by the Brihanmumbai Municipal Corporation (BMC) and accordingly the Notice under 351(1A) of the Mumbai Municipal Corporation Act, 1888 (for short “The MMC Act”) had already been issued to the Respondent No. 3. It has also claimed that the said proceeding has been finalized, in spite of which, no action has been taken to carry out the actual demolition of illegal structure at the site. 2. Mr. Narayanan, the learned Counsel, who appears for the Respondent No. 3 submits that the entire proceedings is an ex-parte. 3. Be that as it may. In the given facts and circumstances, we are not inclined AKN 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.09.23 10:51:23 +0530 37.WP.4449.2026.doc to advert into the merits of the matter. Suffice to indicate, in case proceedings are finalized and there is no other impediment, we expect the same be complied with in letter and spirit. 4. With the aforesaid observations, the Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN 2