2-WP-4483-2026 (OS).doc Mayur IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4483 OF 2026 Vibrant House Llp ...Petitioner Versus Municipal Corporation Of Greater Mumbai ...Respondent ... Adv. Bhavin Gada, a/w Adv. Hitesh Solanki, i/b Hitesh & Associates, for the Petitioner. Adv. K.H. Mastakar, for the Respondent-BMC. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 24th SEPTEMBER, 2026. P.C.: 1. Heard learned counsel for the Parties. 2. The instant Writ Petition is preferred, inter alia, praying for the following substantive reliefs :- (a) That this Hon'ble Court be pleased to issue Writ of Mandamus or a Writ in nature of Mandamus and/or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the MCGM to refund to the Petitioner the excess amount of Rs.2,03,98,170/- (Rupees Two Crore Three Lakh Ninety Eight Thousand One Hundred & Seventy Only) collected as premium and other charges along with interest thereon @12% p.a. with effect from 27.12.2021 (being the date on which the building plans were approved under 2034) till the payment thereof along with the accrued interest; (b) In alternative to prayer (a) above, this Hon'ble Court be pleased to issue Writ of Mandamus or a Writ in nature of Mandamus and / or any other appropriate writ, order or 1/3 MAYUR KONDIRAM ADANE Digitally signed by MAYUR KONDIRAM ADANE Date: 2026.09.28 11:09:56 +0530 2-WP-4483-2026 (OS).doc direction under Article 226 of the Constitution of India directing the MCGM to adjust the excess amount of with effect from 27.12.2021 (being the date on which the building plans were approved under 2034) till the payment thereof along with the accrued interest towards various premium, charges, cess, etc. that may be payable by the Petitioner and/or any of its affiliates in any other projects or projects in which the partners of the Petitioner are interested, till the entire amount to be refunded along with the accrued interest thereon is exhausted; (c) The cost of this Petition be awarded to the Petitioner; and (d) Such other orders be passed & reliefs be granted in favour of Petitioner as this Hon'ble Court may deem fit, just, legal and proper. 3. Considering the order that we propose to pass in this proceedings no Court Notice is required to be issued to the Respondents. 4. Mr. Bhavin Gada, learned counsel for the Petitioner submits that the Petitioner has deposited an excess amount of Rs.2,03,98,170/- towards premium and other charges collected by the Respondent - Corporation, along with interest thereon at the rate of 12% per annum with effect from 27th December 2021. This is in light of the Maharashtra State Government Notification dated 14th January 2021 and the MCGM Circular No. Ch.E./DP/21546/Gen dated 5th March 2021. 5. Learned Counsel for the Petitioner has prayed for a positive direction to be issued to the Respondent-Corporation to refund the said excess amount to the Petitioner. In support of the above 2/3 2-WP-4483-2026 (OS).doc submission, he has also placed reliance on the judgment of the Hon'ble Supreme Court in Prasad Pandurang Tapkir and another vs. The Assistant Director of Town Planning, Pune District, Pune and others1, which we have noted. 6. However, in the given facts before us, we except that, in the event the Petitioner files a fresh Representation/Application, if not so done already, before the Competent Authority within a period of one week from the date of uploading of this order, the Competent Authority shall consider and decide the same in accordance with law. This upon taking into account the Government Notification dated 14th January 2021 and the MCGM Circular No. Ch.E./DP/21546/Gen dated 5th March 2021. The Competent Authority shall then pass a reasoned and speaking order, as expeditiously as possible, preferably within a period of two months thereafter. 7. It is made clear that this Court has not expressed any opinion on the merits of the matter. 8. The Writ Petition stands Disposed Of accordingly. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 1. Special Leave Petition (Civil) No. 9666 of 2023 decided on 13th July 2026. 3/3