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Bombay High Court

VASANTLAL KANJI CHARITABLE TRUSTversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
DISPOSED OFF

Holding

The Court disposed of the contempt petition, directing the Municipal Corporation to communicate the speaking order and granting liberty to apply if it is not communicated.

Summary

The Vasantlal Kanji Charitable Trust filed a contempt petition alleging that the Municipal Corporation of Greater Mumbai (BMC) failed to comply with the Court's order dated 4 July 2024, which required disposal of the Trust's 29 November 2017 complaint and issuance of a speaking order by 29 August 2024. The Court noted that the BMC claimed a change of Assistant Commissioner necessitated a re‑hearing, and that a hearing was conducted on 5 October 2026 with the parties heard. The BMC assured that a final speaking order would be passed within two weeks and that the petitioner would be communicated the order. The Court recorded this assurance, directed that the speaking order be communicated to the petitioner, and emphasized that any aggrieved party could challenge the order in accordance with law. Consequently, the Court disposed of the contempt petition, stating it did not wish to keep it pending. The Court granted liberty to the petitioner to apply if the speaking order is not communicated.

Issues considered

  • Whether the Municipal Corporation of Greater Mumbai breached the Court's 4 July 2024 order by not issuing a speaking order within the prescribed time.
  • Whether the contempt petition should be continued or disposed of in view of the assurances given by the Corporation.

Subjects

  • contempt
  • municipal corporation
  • speaking order
  • court order compliance
  • delay
  • civil procedure

Judgment

                                                                               6-conpw 58-26.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ARJUN
MACHHINDRA                         ORDINARY ORIGINAL CIVIL JURISDICTION
KADAM
                                       CONTEMPT PETITION NO. 58 OF 2026
Digitally signed by
ARJUN                                                 IN
MACHHINDRA
KADAM                                   WRIT PETITION NO. 3856 OF 2022
Date: 2026.10.07
18:30:42 +0530

                      Vasantlal Kanji Charitable Trust                        … Petitioner
                              Versus
                      Municipal Corporation of Greater Mumbai & Ors.          ... Respondents

                                            __________________________

                      Mr. Sahil Wagh i/b DM Legal Associates for the Petitioner.
                      Ms. R. M. Hajare i/b Ms. Komal Punjabi for the Respondent-
                      Corporation.
                      Mr. Rohan Bhoir, SE (Maint) K/S Ward present.
                                         __________________________

                                                   CORAM       : M. S. KARNIK AND
                                                                 SANDESH D. PATIL, JJ.
                                                   DATED       : 7th OCTOBER, 2026.

                      P.C. :

                      1.          Heard learned counsel for the petitioner.

                      2.          The petitioner alleges breach of the Order dated 4 th July,

                      2024 passed by this Court. This Court in paragraph Nos.3, 4 and 5

                      has observed thus:-

                                  “3.    The    Petitioners    had     made a detailed
                                                                    th
                                  complaint/representation on 29 November 2017 inter
                                  alia to the BMC raising this grievance.

                                  4.    Accordingly, we direct the BMC to dispose of the


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                                                          6-conpw 58-26.doc

             Petitioner’s  complaint/representation     dated     29th
             November 2017 at Exhibit Q to this Petition in
             accordance with law and in its own merits on or before
             29th August 2024. Before deciding the representation, the
             BMC should hear the Petitioners and the 5 th Respondent
             and then pass a speaking order. Speaking order should be
             communicated to the parties on or before 29th August
             2024.
             5.    If any of the parties are aggrieved by the BMC’s
             speaking order, they shall be at liberty to challenge the
             same in accordance with law.”

3.           Learned counsel for the Corporation submitted that due

to change of the Assistant Commissioner, the matter had to be re-

heard by the new designated Commissioner.               Accordingly, the

petitioner as well as respondent No.5 were duly heard. The minutes

of the proceedings held on 5th October, 2026 at 3.00 p.m. are placed

on record.     Learned counsel for the Corporation submitted that

respondent No.5 is being given a proper opportunity of producing

the documents and in any case within a period of two weeks from

today, a final order would be passed. The statement is made on

instructions from Mr. Rohan Bhoir, SE (Maintenance) K/S Ward, who

is personally present in the Court.

4.           The   assurance    is   recorded.     Speaking    order     be

communicated to the petitioner. In terms of the Order dated 4 th July,


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2024 passed by this Court, it has already been stated that if any of

the parties are aggrieved by the BMC’s speaking order, they shall be

at liberty to challenge the same in accordance with law. We do not

want to keep this contempt petition pending anymore.

5.           The contempt petition is disposed of.

6.           Liberty   to   apply   if   the   speaking   order   is     not

communicated to the petitioner.



     (SANDESH D. PATIL, J.)                          (M. S. KARNIK, J.)




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