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2026 DAILYLAW 12574 (BOM)

Mrs Shamim Bhayani Karwa v. Brihanmumbai Municipal Corporation

WP/4530/2026 · 2026-09-29

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Judgment text

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(12)-WP-4530-26.doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4530 OF 2026 Mrs. Shamim Bhayani Karwa ...Petitioner Versus Brihanmumbai Municipal Corporation & Ors. ...Respondents ... Mr. Onkar Dhakal a/w Mr. Shashwat Nehete i/by Ms. Khyati Shah, for the Petitioner. Ms. K. H. Mastakar, for the Respondent-BMC. Mr. Mohit P. Jadhav, Addl. GP for the Respondent No.4-State. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 29th SEPTEMBER, 2026. P.C.: 1. The instant Writ Petition has been filed, inter-alia, praying for the following substantive reliefs :- “(b) Direct the respondent No.1 to 4 to proceed with complaint dated 03/02/2026 (EXHIBIT-E), said notice dated 20/03/2026 (EXHIBIT-F) and further notice dated 06/04/2026 (EXHIBIT-H) and complaint dated 15/04/2026 (EXHIBIT-L) and dated 20/05/2026 (EXHIBIT-M) in time bound manner to take it to logical ends for demolition of illegal construction as per law and file compliance report before this Hon’ble Court;” 2. We have heard the learned Counsel appearing for the Petitioner and the learned Counsel appearing for the Respondents. In view of the order that we propose to pass today, we are not inclined to issue notice to the Respondents 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.30 10:33:06 +0530 (12)-WP-4530-26.doc or keep the matter pending. Petitioner shall provide a copy of this Petition to the learned Counsel for the Respondents. 3. The grievance raised by the Petitioner vide the instant Petition pertains to the alleged unauthorised alterations and structural changes carried out by the Respondent No.5. It is submitted that the Respondent-BMC has issued a show-cause notice to the Respondent No.5 on 20th March, 2026 under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888. 4. Learned Counsel for the Petitioner confines the reliefs claimed in this Petition to the complaints dated 3rd February, 2026, 15th April, 2026 and 20th May, 2026 and the show-cause notice dated 20th March, 2026. 5. Considering the facts and circumstances of the case, we are not inclined to go into the merits of the aforesaid complaints and the show-cause notice. Since the Municipal Corporation has taken cognizance of the matter by issuing the show-cause notice dated 20th March, 2026 under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888, we expect the proceedings qua the said show-cause notice to be finalized as expeditiously as possible, preferably within a period of three months from the date of production of this Order by the Petitioner, certainly after giving ample opportunity of hearing to all stakeholders. 2 (12)-WP-4530-26.doc 6. With the aforesaid directions, Writ Petition is Disposed Of, without adverting on merits of the matter. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3