Bombay High Court

SARVODAYPARADISE A B AND C WINGS CO OPERATIVE HSG SOC LTDversusDESIGNATED OFFICER AND ASSISTANT COMMISSIONER AND ORS

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The court declined to grant mandamus and instead directed the municipal corporation to conduct a hearing within 16 weeks and pass an appropriate order under the relevant statutes.

Summary

The petitioner, a cooperative housing society, filed a writ petition seeking a mandamus directing the municipal corporation to act under Section 260(2) read with Section 478 of the Maharashtra Municipal Corporation Act and Sections 52 and 53 of the Maharashtra Regional and Town Planning Act for removal of an illegal structure owned by respondents 4 and 5. The court noted that a notice under Section 260 of the MMC Act had already been issued and that this fact was not contested. It held that the corporation must proceed with further steps, including hearing any regularisation proposal under Section 52 of the MRTP Act. The court ordered that the petitioner appear before the Assistant Commissioner on 9 September 2026 and that the corporation hear both parties within 16 weeks and pass an appropriate order. Consequently, the writ petition was disposed without granting the mandamus.

Issues considered

Whether the municipal corporation is legally bound to issue a mandamus for removal of the illegal structure under the cited statutory provisions.
Whether the issuance of a notice under Section 260 of the MMC Act obliges the corporation to take further action without judicial intervention.
Whether the court should direct a hearing and order the corporation to decide the matter within a specified time frame.

Legislation cited

Maharashtra Municipal Corporation Act, 1949 — s. 260(2), 478
Maharashtra Regional and Town Planning Act, 1966 — s. 52, 53

Subjects

mandamus
municipal corporation
illegal structure
Section 260 MMC Act
MRTP Act
removal of unauthorized construction
procedural compliance

Judgment

               Digitally signed
               by ARUNA
               SANDEEP
     ARUNA     TALWALKAR
     SANDEEP   Date:
     TALWALKAR 2026.09.03
               14:36:34
               +0530
                                                               22.WP18188.2024.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO.18188 OF 2024

Sarvodayparadise A B And C
Wings Co Operative Hsg Soc Ltd                         … Petitioner.

            Versus

Designated Officer And
Assistant Commissioner and Ors.                        … Respondents

                             -----------
Mr. Abhishek Adke, Ms. Deepali Joshi, Ms. Anushka Nagpal,
Advocate for the Petitioner.

Mr. Sarang Aradhye (on V.C.) a/w. Ms. Gauri Velankar, Advocate
for Respondent Nos. 1 and 2.

Ms. Shraddha R. Wagh i/b. Mr. Pandit Kasar, Advocate for
Respondent Nos. 4 and 5.

Mrs. M.P. Thakur, AGP for Respondent No. 3.
                             -----------

                                     CORAM :     M. S. KARNIK &
                                                 SANDESH D. PATIL, JJ.

                                       DATE :    2nd SEPTEMBER, 2026
P.C. :


1.              By this Writ Petition, the Petitioner is praying for writ of

mandamus against the Respondent No. 1 to take action under the

provisions of Section 260(2) r/w. Section 478 of the Maharashtra



Talwalkar                             1
                                                             22.WP18188.2024.odt



Municipal Corporation Act, 1949 (for short “MMC Act”) & under

Sections 52 and 53 of the Maharashtra Regional and Town

Planning Act, 1966 ( for short “MRTP Act”) for removal of illegal

and unauthorized structure carried by the Respondent Nos. 4

and 5.

2.          We have considered the submissions made by all the

parties. We have considered the notice which was sent by the

Respondent No. 2 under the provisions of Section 260 of the MMC

Act. Since issuance of the notice under section 260 of the MMC Act

is not in dispute, the Municipal Corporation is expected to carry

out further steps in the light of the notice issued under section 260

of the MMC Act. Needless to state that if any proposal is given by

Respondent Nos. 4 and 5 for regularisation of the said structure

under the provisions of Section 52 of the MRTP Act, the

Corporation shall act accordingly.

3.          The   Petitioner   to       appear   before   the      Assistant

Commissioner       3/C     Ward,        Kalyan   Dombivali       Municipal

Corporation, Kalyan on 9th September, 2026. Since the notice was

given in the year 2024, the Corporation is expected to hear both

the parties within a period of 16 weeks from today, and pass



Talwalkar                           2
                                                         22.WP18188.2024.odt



appropriate order in accordance with law.

4.          With the above observations, the Writ Petition is disposed

of.


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




Talwalkar                        3

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