HOTEL TUNGA REGENCY PVT LTD THROU. BASAWANTRAY SHIVAPPA HAMPANGAOUDARversusCITY AND INDUSTRIAL DEVELOPMENT CORPORATION AND ORS

                                                                                    (26)-WP-10281-26.doc

      PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

          Digitally
          signed by
          BALAJI
          GOVINDRAO
                                        WRIT PETITION NO. 10281 OF 2026
BALAJI
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.09.22
          10:31:49
          +0530
                       Hotel Tunga Regency Pvt. Ltd.                           ...Petitioner

                               Versus

                       City And Industrial Development
                       Corporation & Ors.                                      ...Respondents
                                                            ...
                       Mr. Sham Thakur h/f Mr. J. M. Joshi, for the Petitioner.

                       Mr. Priyansh Jain a/w Mr. Akshay Naik & Mr. Shubham More
                       i/by Mr. Sagar Shetty, for the Respondent No.1-CIDCO.

                       Mr. Aniruddha A. Garde, for the Respondent No.2-NMMC.
                                                     ...

                                        CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                ADVAIT M. SETHNA, J.

                                          DATE : 21st SEPTEMBER, 2026.

                       P.C.:
                       1.          The instant Writ Petition has been filed, inter-alia,
                       praying for the following substantive reliefs :-

                            “a) Issue a Writ of Mandamus or any other appropriate writ
                            order or direction directing Respondent Nos. 1 to 4, their
                            officers, servants and agents to forthwith remove and prevent
                            unauthorized parking, encroachments, obstructions and non-
                            permissible use of Plot No. 36B situated at Sector 30A, Vashi,
                            Navi Mumbai, including parking/storage of trucks, trailers,
                            multi-axle vehicles, scrapped vehicles, seized vehicles and other
                            vehicles or articles contrary to the sanctioned purpose of the
                            said Parking Facility;


                            b) Issue a Writ of Mandamus or any other appropriate writ,
                            order or direction directing Respondent No. 1 - CIDCO to strictly



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     enforce the terms and conditions of the Work Orders,
     contractual obligations and Appendix-I governing the Parking
     Facility and ensure that the said facility is utilized only for
     permitted parking activities, namely parking of cars, three-
     wheelers, two-wheelers and bicycles, and not for any other
     commercial, storage or unauthorized activity;


     c) Issue a Writ of Mandamus or any other appropriate writ,
     order or direction directing Respondent No. 1 to take
     appropriate action in accordance with law against Respondent
     Nos. 6 to 10 and/or any contractor, agency or person
     responsible for breach of the terms and conditions governing
     the Parking Facility, including initiation of appropriate
     contractual and penal proceedings, as may be permissible in
     law;


     d) Issue a Writ of Mandamus or any other appropriate, order or
     direction directing Respondent Nos. 1 to 4 to ensure effective
     regulation, enforcement and maintenance of public roads and
     areas adjoining the said Parking Facility by preventing
     encroachments, illegal activities and misuse of the said parking
     facility;”

2.            Learned counsel for the Petitioner submits that
Petitioner has made a complaint, which is annexed as ‘Exh-M’
(at page No.111A) to the Petition. It is addressed to the Chief
General       Manager,      Transportation        &     Communication
Department of Respondent No.1, in regard to action to be
taken against the unauthorized use and misuse of Parking
Facility owned by it and situated at Plot No.36B, Sector 30A,
Vashi, Navi Mumbai.


3.            Considering the facts and circumstances of the case,
we direct Respondent Nos.1 to 4 to decide the complaint dated
18th May, 2026 expeditiously, preferably within a period of
three months from the date of production of this Order by the
Petitioner.


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4.        With the aforesaid directions, Writ Petition is
Disposed Of, without adverting on merits of the matter.




[ADVAIT M. SETHNA, J.]                      [CHIEF JUSTICE]




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