20-WP.4263.2026.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4263 OF 2026 Sahista Shaikh } Petitioner Versus Municipal Corporation of Greater } Mumbai & Ors. } Respondents None for the Petitioner. Ms. Shweta Patankar, Advocate for Respondent Nos. 1 to 3 (BMC). Mr. Asif Memon, Advocate for Respondent Nos. 4 & 5. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 10th SEPTEMBER, 2026 P.C.: 1. None present on behalf of the Petitioner. 2. The instant petition is preferred seeking the following reliefs: - “a) This Hon’ble Court be pleased to issue writ under Writ of Mandamus under article 226 of the Construction (Sic. Constitution) of India, or any other appropriate writ and call for record and proceeding pertaining to the file of Suit Building. b) That this Hon’ble Court be pleased to directing Respondent Nos. 1 to 3 to forthwith remove the unauthorized construction and encroachment upon the mandatory Refuge Area situated on the 8th Floor of Unique Heights, ‘A’ Wing, bearing Final Plot No. 524, T.P.S. III, M.M.C. Road, Mahim (West), Mumbai-400 016, and to restore the said Refuge Area to its original sanctioned condition in accordance with the sanctioned building plan dated 27.08.2014, within a period of two weeks or within such time as this Hon’ble Court may deem fit and proper. 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.09.11 18:47:56 +0530 20-WP.4263.2026.doc Any other appropriate direction, order be granted which this Hon’ble Court be pleased to grant.” 3. The entire claim is set up on the ground that the competent authority has approved the plan on 27th August 2014 and there is certain construction over the 8th floor of Unique Heights, ‘A’ Wing, bearing Final Plot No. 524, T.P.S. III, M.M.C. Road, Mahim (West), Mumbai-400 016, which is contrary to the approved plan. 4. It is stated by the petitioner that by detailed representations dated 30th December 2025 and 25th May 2026, the petitioner has brought the aforesaid fact to the notice of respondent nos. 1 to 3 (BMC). 5. Be that as it may. Without adverting to the merits of the matter, we direct respondent nos. 1 to 3 to decide the said representations dated 30th December 2025 and 25th May 2026 within a period of 3 months from today after affording an opportunity of hearing to all the stake holders. 6. With the aforesaid direction, the Writ Petition is disposed of. 7. Needless to state that we have not adverted to the merits of matter and all contentions of the parties are kept open. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2