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2026 DAILYLAW 8805 (BOM)

KARMA C K CONSTRUCTIONS v. BRIHANMUMBAI MUNICPAL CORPORATION THRU ITS COMMISSIONER,

WP/2926/2026 · 2026-09-17

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Judgment text

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(7)-WP-2926-26.doc PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2926 OF 2026 Karma C. K. Constructions ...Petitioner Versus Brihanmumbai Municipal Corporation & Ors. ...Respondents ... Mr. Bhavesh Parmar a/w Mr. Rajesh Sahani i/by Devmani Shukla, for the Petitioner. Ms. K. H. Mastakar, for the Respondent/BMC. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 17th SEPTEMBER, 2026. P.C.: 1. We have heard learned Counsel for the parties. 2. The Petitioner, who makes a complaint to the Respondent No.1 precisely submits that till date the grievance of the Petitioner dated 17th April, 2026 has not been examined by the Assistant Commissioner, K West Ward, Andheri (West), Mumbai. 3. Learned Counsel for the Petitioner in support of his submission states that the subject property situated at Juhu on the CTS No. 979 and 979/1 to 17 is owned by the Petitioner. The Petitioner had surrendered the said property for 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.18 10:15:44 +0530 (7)-WP-2926-26.doc road widening of Kishor Kumar Gandhi Marg, Juhu, Mumbai and consequently made a detailed complaint. 4. In support of his submission, learned Counsel for the Petitioner placed reliance on the communication dated 9th June, 2026, whereby the Assistant Divisional Fire Officer had submitted a detailed report. Learned Counsel for the Petitioner in this backdrop submits that the Fire Department has already submitted that remedial measures are to be taken by the Respondent Corporation and the encroachment at the site has not been removed. In such a situation, there is a problem in redevelopment at the site. He has confined the relief to the complaint dated 17th April, 2026 addressed to the Competent Authority which can be decided in accordance with law. 5. In view of the above, nothing remains to be adjudicated in the instant Petition. 6. Considering the factual situation as emerged before us, we are not inclined to keep the matter pending or issue notice to the Respondent to file an objection. 7. In the facts of these circumstances, the instant Petition stands Disposed Of with an observation that the complaint of the Petitioner dated 17th April, 2026 addressed by the Competent Authority be decided in accordance with law, but certainly after giving ample opportunity to all the 2 (7)-WP-2926-26.doc stakeholders. We clarify that we have not adverted on the merits of the matter. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3