Bombay High Court
AVINYA HOSPITALITY SERVICES LLP THR ITS DIRECTORversusPANVEL MUNICIPAL CORPORATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed.
Summary
The Panvel Municipal Corporation granted the petitioner, Avinya Hospitality Services LLP, permission on 2 June 2025 to erect cantilevered foldable awnings as a temporary rainy-season structure, with a condition that the structure be removed after 15 October 2025 and the premises restored. The petitioner alleged that the corporation illegally removed the awnings and that its officers demanded illegal gratification, also seeking Rs.80 lakhs compensation for alleged high‑handed action. The court found no evidence to substantiate the claim of illegal gratification and held that any remedy for such an allegation lay elsewhere. It further noted the absence of proof of loss, rendering the compensation claim untenable. Since the structure had already been demolished and the conditions of the permission were clear, the court dismissed the writ petition.
Issues considered
- Whether the removal of the temporary awnings by the municipal corporation violated the terms of the permission granted.
- Whether the petitioner is entitled to compensation for alleged high‑handed action by the corporation.
- Whether allegations of illegal gratification by municipal officers merit relief under writ jurisdiction.
Subjects
- writ petition
- municipal corporation
- temporary structure
- removal
- compensation
- illegal gratification
- high court
Judgment
SMITA Digitally signed by
SMITA JOHNSON
JOHNSON GONSALVES
Date: 2026.09.22
GONSALVES 17:36:17 +0530
sg 7.wp(c)11914-26.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11914 OF 2026
Avinya Hospitality Services LLP Thr. Its Director … Petitioner
versus
Panvel Municipal Corporation And Ors. … Respondents
----
Mr. Rahul Mishra, a/w. Ms. Rashmi S. Vishwakarma and Ms. Kajal
Nishad, for the Petitioner.
None for the Respondents.
----
CORAM:BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE: 21st SEPTEMBER, 2026
P.C.:
1. On 2.6.2025, the Panvel Municipal Corporation granted
permission to the Petitioner to construct Cantilevered Foldable
Awnings or any other temporary structure limited for extending
protection during rainy season.
The permission clearly stipulated that after 15 th October, 2025,
no extension shall be granted and whatever structure in form of the
rainy shade is erected, would be required to be removed and the
premises to be restored to its original position. The said permission is
annexed at Exhibit “C” of the petition.
Page 1 of 3
__________________________________________________
21st September, 2026
sg 7.wp(c)11914-26.docx
2. The learned Counsel for the Petitioner made a grievance about
the same having been illegally removed and there are also several
allegations made about the illegal gratification being demanded by the
officers of the Corporation merely by annexing photographs alleging
to be the proof of acceptance of illegal gratification by particular
Officer. We are not convinced to accept that the illegal gratification is
offered or even accepted. For this purpose, definitely the Petitioner's
remedy lies somewhere else. As far as the another prayer of claim of
compensation is concerned, the alleged high-handed action by the
Respondents, this definitely requires sufficient proof to establish that a
loss has been caused to the Petitioner, and in its absence, in exercise of
the writ jurisdiction, definitely we cannot entertain such a claim of
compensation of Rs.80 lakhs.
3. As far as this particular prayer is concerned, we are informed
that the structure has already been demolished and if the Petitioner
faces any difficulty in the years to come, the doors of this Court are
open to him but that should be subject to examination of the
permission that has been granted and the condition subject to which it
is granted.
Page 2 of 3
__________________________________________________
21st September, 2026
sg 7.wp(c)11914-26.docx
For the reasons recorded, we dismiss the writ petition.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Page 3 of 3
__________________________________________________
21st September, 2026
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