46-WP-1733-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1733 OF 2024 Romella Real Estate Private Limited Through Its Director Jude Romell ...Petitioner Versus The Municipal Corporation of Greater Mumbai (MCGM) Through Its Municipal Commissioner & Ors. ...Respondents Mr. Shon Gadgil for the Petitioner. Smt. Nazia Sheikh, A.G.P for the Respondent-State. Mr. Shridhar Patil (Through VC) a/w Mr. Bibhishan Sutar i/b Adv.Komal Punjabi for the Respondent – BMC. CORAM : M. S. KARNIK & SANDESH D. PATIL JJ. DATE : 18 th AUGUST, 2026 P.C. : 1. Learned Counsel for the respondent No.7 appeared. Learned Counsel for the petitioner assures that a copy of the writ petition will be served on the respondent No.7 in the course of this Wakodikar 1/3 RUPALI RAJESH WAKODIKAR Digitally signed by RUPALI RAJESH WAKODIKAR Date: 2026.08.19 11:32:38 +0530 46-WP-1733-2026.doc week. Affidavit-in-reply, if any, to be filed by the respondent No.7 within a period of two weeks from today. 2. Heard learned Counsel for the Petitioner. Learned Counsel for the Petitioner restricts his relief to prayer clause (a) for the present. The contention of the petitioner is that the structure in question on CTS Nos. 1379, 1379/1 to 1379/6 at Village Kolekalyan – Vakola, Opp. P & T Colony, Santacruz (East), Mumbai 400 055, is illegal. 3. Learned Counsel for the Respondent – Corporation submits that the illegal structure has been demolished. However, learned Counsel for the petitioner submits that the respondent No.7 has constructed an unauthorized structure after demolition. Learned Counsel for the respondent No.7 requested for some time to file reply. It is submitted that the respondent No.7 is disputing the ownership of the petitioner. It is further submitted by the respondent No.7 that the suit has been filed by her in the Dindoshi Court which Wakodikar 2/3 46-WP-1733-2026.doc is pending. 4. We are not deciding on the issues of title as it is for the parties to resort to appropriate civil proceeding. What we are concerned with is the allegations made by the petitioner that the unauthorized structures are constructed upon land bearing CTS Nos. 1379, 1379/1 to 1379/6, over which the petitioner claims to have interest. Since the Representations dated 10th January, 2023, 16th January, 2023 and 10th April, 2023 are already preferred, we only direct the respondent – Corporation to look into these Representations and take appropriate action thereof in accordance with law. Obviously, if any adverse action is to be taken, the respondent No.7 shall have to be duly heard. 5. Keeping all contentions of all parties open, the petition is disposed of. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Wakodikar 3/3