PDP 14-WP-2795-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2795 OF 2026 Ms. Namrata Thakur .. Petitioner Vs. Municipal Commissioner, MCGM & Ors,. .. Respondents ... Mr. J. K. Shah a/w Shriya Wadhane i/by R. J. Law for the Petitioner. Ms. Sheetal Metakari i/by Ms. Komal Punjabi for Respondent Nos.1 and 2-BMC. Mr. Manish Upadhye, AGP for Respondent Nos.3 and 4-State. Mr. R. V. Baravkar, Court Receiver – Respondent No.5 is present. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 21st SEPTEMBER, 2026. P.C. : 1. Heard the learned Counsel for the Petitioner. Issuance of Notice is dispensed with in view of the order proposed to be passed by this Court. 2. The Writ Petition has been filed, inter alia, praying for the following relief: - “(a) That the Hon’ble Court be pleased to issue a Writ of Mandamus or any other Writ, order and direction calling for record and proceedings in respect of Petitioners’ Complaint about encroachment vide Advocates Notice dated 25/3/2026, submitted with the office of Municipal Commissioner, MCGM Head 1 PRAVIN DASHARATH PANDIT Digitally signed by PRAVIN DASHARATH PANDIT Date: 2026.09.22 09:47:51 +0530 PDP 14-WP-2795-2026.doc Office, 2nd floor, M.C.G.M., Main Building, Mahapalika Marg, Fort, Mumbai – 400 001, Removal/Maintenance, BMC – D Ward, Office Building, Jobanputra Compound, Nana Chowk, Grant Road (West), validity of the same, direct the Respondents to jointly/severally take immediate action as per law against subject encroached area at the dead cessation of Chunam Lane situated at 9/D Chunam Lane, Lamington Road, Mumbai – 400 007, partly standing on the Petitioners property situated on plot bearing C.S. No.1218 of Girgaon Division, Cess No.D-1799 (1B), St. No.9; (b) In the alternative to prayer clause (a) above, this Hon’ble Court be pleased to direct the Respondent to act upon and/or to decide immediately Petitioners Complaint dated 25/03/2026 and follow-up letter dated 16/04/2026 produced below Exhibit-P hereto seeking demolition/removal of Encroachment submitted with the office of Assistant Engineer, Building & Factory (B & F), BMC, D-Ward, BMC – D Ward, Office Building, Jobanputra Compound, Nana Chowk, Grant Road (West), Mumbai – 400 007 within a time-bound period as may be fixed by the Hon’ble Court.” 3. In sum and substance, the Petitioner’s grievance is that even though the earlier complaint was entertained by the Respondent-Authorities and partial demolition has also been carried out, but subsequently, the private Respondent has reconstructed the same. At present, the Petitioner has confined the relief to directing the Respondent-BMC to decide immediately the Petitioner’s complaint dated 25th March, 2026 which is stated to be pending consideration before the Municipal Commissioner, Brihanmumbai Municipal Corporation, Mumbai. Such complaint is against the illegal encroachment/unauthorized construction by private Respondent, namely, Rajesh Narayan Angane, allegedly acting in the name of D. B. 2 PDP 14-WP-2795-2026.doc Marg Ganpati Mandal filed for causing great inconvenience and till date no steps have been taken by the authority, on the said complaint. 4. Considering the factual situation as emerged before us, we are not inclined to issue notice or keep the matter pending consideration. At this stage, however, we observe that in case the Petitioner’s complaint dated 25th March, 2026 is, until date, not entertained by the Respondent-BMC, we expect the same may be taken care of in accordance with law. Accordingly the said complaint be decided within three months from today, but certainly after giving ample opportunity of hearing to all stakeholders. 5. With the aforesaid observation, the Writ Petition is Disposed of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3