KIRAN RAMESH TANWAR AND ANRversusTHE MUMBAI MUNICIPAL CORPORATION THRU COMMISSIONER AND ORS

                                                                                              7-WP.12118.2026.doc

            Salunke
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
                                         CIVIL APPELLATE JURISDICTION
           signed by
           JAYANT
JAYANT     VISHWANATH
VISHWANATH SALUNKE
SALUNKE    Date:
           2026.09.22
           11:12:53
                                          WRIT PETITION NO. 12118 OF 2026
           +0530




                        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.
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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 23 rd 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 16 th
April 2025, 25th April 2025, 14th May 2025, 20th May 2025, 29th May
2025 and 14th July 2025 and the show-cause notice dated 23 rd 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]



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