7-WP.12118.2026.doc Salunke IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12118 OF 2026 Kiran Ramesh Tanwar & Anr. } Petitioners Versus The Mumbai Municipal Corporation } & Ors. } Respondents Mr. Vaibhav Kulkarni, Advocate for the Petitioners. Mr. D. R. Kawale, Advocate for Respondents-BMC. CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 21st SEPTEMBER, 2026 P.C.: 1. By the instant Petition, the Petitioners pray for the following substantive reliefs: - “A. That this Hon’ble Court be pleased to issue a Writ of Mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order under Article 226 of the Constitution of India, 1950, holding that the inaction on the part of Respondent No. 1 and Respondent No. 2 in taking action against the illegal and unauthorized construction carried out by Respondent No. 3 on the said property is arbitrary, illegal and contrary to the provisions of the Mumbai Municipal Corporation Act, 1888, and consequently directing Respondent No. 1 and Respondent No. 2 to take appropriate action in accordance with law for removal and demolition of the said illegal construction on the said property & report compliance before this Hon’ble Court. B. That this Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing Respondent No. 1 and Respondent No. 2 to proceed further pursuant to the Show Cause Notice dated 23.05.2025 issued under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888 in respect of the said property and to remove and/or demolish the illegal and unauthorized construction carried out by Respondent No. 3.” 2. We have heard the learned Counsel appearing for the Petitioner and the learned Counsel for the Respondents-BMC. In view of the order that we propose to pass today, we are not inclined to issue notice to the Respondents or keep the matter pending. 1 JAYANT VISHWANATH SALUNKE Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2026.09.22 11:12:53 +0530 7-WP.12118.2026.doc 3. The grievance raised by the Petitioner vide the instant Petition pertains to the alleged unauthorized construction carried out by Respondent No. 3. It is submitted that the Respondents-BMC has issued a show-cause notice to Respondent No. 3 on 23rd May 2025 under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888. 4. The learned Counsel for the Petitioner confines the reliefs claimed in this Petition to the complaints filed by them dated 16th April 2025, 25th April 2025, 14th May 2025, 20th May 2025, 29th May 2025 and 14th July 2025 and the show-cause notice dated 23rd May 2025. 5. Considering the fact situation of the matter, 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 23rd May 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 a certified copy of this order, in case there is no other legal impediment, certainly after giving ample opportunity of hearing to all the stake holders. 6. With the aforesaid direction, the Writ Petition is disposed of. 7. Needless to state, we have not adverted to the merits of the matter and all contentions of the parties are kept open. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 2