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2026 DAILYLAW 10316 (BOM)

AVINYA HOSPITALITY SERVICES LLP THR ITS DIRECTOR v. PANVEL MUNICIPAL CORPORATION AND ORS

WP/11914/2026 · 2026-09-21

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

sg 7.wp(c)11914-26.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11914 OF 2026 Avinya Hospitality Services LLP Thr. Its Director … Petitioner versus Panvel Municipal Corporation And Ors. … Respondents ---- Mr. Rahul Mishra, a/w. Ms. Rashmi S. Vishwakarma and Ms. Kajal Nishad, for the Petitioner. None for the Respondents. ---- CORAM:BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE: 21st SEPTEMBER, 2026 P.C.: 1. On 2.6.2025, the Panvel Municipal Corporation granted permission to the Petitioner to construct Cantilevered Foldable Awnings or any other temporary structure limited for extending protection during rainy season. The permission clearly stipulated that after 15th October, 2025, no extension shall be granted and whatever structure in form of the rainy shade is erected, would be required to be removed and the premises to be restored to its original position. The said permission is annexed at Exhibit “C” of the petition. Page 1 of 3 __________________________________________________ 21st September, 2026 SMITA JOHNSON GONSALVES Digitally signed by SMITA JOHNSON GONSALVES Date: 2026.09.22 17:36:17 +0530 sg 7.wp(c)11914-26.docx 2. The learned Counsel for the Petitioner made a grievance about the same having been illegally removed and there are also several allegations made about the illegal gratification being demanded by the officers of the Corporation merely by annexing photographs alleging to be the proof of acceptance of illegal gratification by particular Officer. We are not convinced to accept that the illegal gratification is offered or even accepted. For this purpose, definitely the Petitioner's remedy lies somewhere else. As far as the another prayer of claim of compensation is concerned, the alleged high-handed action by the Respondents, this definitely requires sufficient proof to establish that a loss has been caused to the Petitioner, and in its absence, in exercise of the writ jurisdiction, definitely we cannot entertain such a claim of compensation of Rs.80 lakhs. 3. As far as this particular prayer is concerned, we are informed that the structure has already been demolished and if the Petitioner faces any difficulty in the years to come, the doors of this Court are open to him but that should be subject to examination of the permission that has been granted and the condition subject to which it is granted. Page 2 of 3 __________________________________________________ 21st September, 2026 sg 7.wp(c)11914-26.docx For the reasons recorded, we dismiss the writ petition. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.) __________________________________________________ 21st September, 2026