Bombay High Court
RAJESH ASHOK KENYversusMUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The contempt petition is disposed of.
Summary
The petitioner, Rajesh Ashok Keny, filed a contempt petition against the Municipal Corporation of Greater Mumbai for allegedly failing to comply with a demolition order. The court noted that the 4th and 5th floors of the building had been demolished, while the ground and third floors housed a commercial bank and a dialysis centre, for which the corporation sought additional time on humanitarian grounds. The judges granted a further three‑month extension for compliance, ordered a compliance report, and directed police protection for any further demolition. They also allowed the petitioner to approach the court if the corporation failed to meet the extended deadline. Consequently, the contempt petition was disposed of, with a further hearing scheduled for 7 December 2026.
Issues considered
- Whether the Municipal Corporation of Greater Mumbai is in contempt for not complying with the demolition order
- Whether an extension of time for demolition is permissible on humanitarian grounds
- Whether police protection is required for the demolition process
Subjects
- contempt
- demolition order
- municipal corporation
- police protection
- humanitarian grounds
- compliance
Judgment
Digitally
signed by 4-CONPW-35-2024.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.09.08
11:15:06
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 35 OF 2024
IN
WRIT PETITION NO. 435 OF 2020
Rajesh Ashok Keny ...Petitioner
Versus
The Municipal Corporation of
Greater Mumbai ...Respondent
Mr. Rushikesh S. Kekane i/b Mr. A.S.Naikare for the Petitioner.
Mr. Rakesh Pathak, A.G.P for the Respondent-State.
Ms. Jyoti Mhatre i/b Adv.Komal Punjabi for the Respondent – BMC.
Mr. Moharish G. Shinde & Mr. Sandip Ghogare, Officers from BMC,
present.
CORAM : M. S. KARNIK &
SANDESH D. PATIL JJ.
DATE : 7th SEPTEMBER, 2026
P.C. :
1. Report dated 31st August, 2026 is placed on record. As
per the report, 4th floor and 5th floor are completely demolished. So
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4-CONPW-35-2024.doc
far as the rest of the structures are concerned, considering that there
is a commercial bank and a Dialysis Centre which is in operation, on
the ground floor and third floor, they requested for some time on
humanitarian ground.
2. Three months additional time is granted to comply with
rest of the order.
3. Let the report of compliance be filed after a period of
three months and the petitioner be informed accordingly.
4. If the respondents fail to comply with the order, liberty to
the petitioner to apply.
5. As assured by the learned A.G.P, even learned Counsel for
the Corporation submits that the Police protection was provided.
6. Considering that we have extended the time for
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compliance of the order by a further period of three months, on the
schedule date fixed by the Corporation for demolition in terms of this
extension, needless to mention that the in-charge of the Police
Station shall provide a necessary Police protection for demolition and
further action.
7. With the aforesaid observations, contempt petition is
disposed of
8. List on 7th December, 2026 for compliance.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
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