Bombay High Court
ASHTAVINAYAK RESIDENCY CO OPERATIVE HOUSING SOCIETY LTD. THR. ITS CHAIRMAN ARVIND K. SANKPALversusMUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY MMRDA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court disposed of the writ petition, directing the MMRDA to pass a reasoned final order on the regularisation application by 30 March 2026.
Summary
The Ashtavinayak Residency Cooperative Housing Society filed a writ petition alleging that its building plans and permission were never approved by the Mumbai Metropolitan Region Development Authority (MMRDA) and that the builder had filed an irregular application for regularisation. The petition sought direction for the MMRDA to consider the regularisation application. The MMRDA argued it needed at least 21 days to decide and indicated uncertainty about granting regularisation, noting a policy against demolition while applications are pending. The Court directed the MMRDA to pass a final order with reasons on or before 30 March 2026 and ordered the order to be served on the petitioner via email. Consequently, the writ petition was disposed of.
Issues considered
- What relief, if any, can the Court grant in a writ petition seeking regularisation of unauthorised building works?
- Whether the MMRDA is obligated to pass a final order on the regularisation application within a specified time-frame.
- Whether the policy of not demolishing properties pending regularisation affects the petitioner's claim.
Subjects
- regularisation
- building permission
- writ petition
- MMRDA
- demolition policy
- civil appellate jurisdiction
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.03.11 57-wp-16678-2025.odt
18:33:47
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 16678 OF 2025
Ashtavinayak Residency Cooperative
Housing Society Ltd. … Petitioner
versus
Mumbai Metropolitan Region Development
Authority and Others … Respondents
…
Mr.Priyank Kapadia with Mr.Nitin Wadkar and Mr.Prashant Nakti i/b.
Legal Links for the Petitioner.
Mr.Akshay P. Shinde for the Respondent – MMRDA.
Mrs.M.P.Thakur, AGP for Respondent No.6, State.
...
CORAM : RAVINDRA V. GHUGE &
ABHAY MANTRI, JJ.
DATE : 09 MARCH, 2026
P.C:
1. The learned Advocate for the Petitioner, on instructions,
submits that the building plans and building permission were never
approved by Respondent No. 1. The landowners, Respondent Nos. 2 to 4,
and the builder, Respondent No. 5, approached the Gram Panchayat and
started construction of the building, which comprises three buildings with a
Trupti ...1
57-wp-16678-2025.odt
total of eight wings, accommodating 104 flat owners and 36 commercial
shops. An Application for regularization has been filed and is pending
with Respondent No. 1.
2. The builder/Respondent No. 5 had moved an Application for
regularization in a haphazard manner and not in accordance with the
prescribed procedure. Hence, the same has not been considered by the
Mumbai Metropolitan Region Development Authority (MMRDA).
3. The learned Advocate for the MMRDA submits that they
would require at least 21 days to pass an order on the Application filed by
the Petitioner Society. Ex facie, the MMRDA is circumspect as to whether
any regularization can be permitted. Since the authorities have a policy of
not demolishing properties during the period when such regularization
Application is pending consideration, we permit Respondent No. 1 to pass
a final order with reasons, on or before 30.03.2026.
4. A copy of the final order shall be served upon the Petitioner at
its email address mentioned below :
Email ID :- [email protected]
Trupti ...2
57-wp-16678-2025.odt
5. In view of the above, this Writ Petition is disposed off.
(ABHAY MANTRI, J.) (RAVINDRA V. GHUGE, J.)
Trupti ...3
Checking your session…