FATIMA NALAKATH SAHUSINTAVIDE, WD/O THE DECEASED MOHAMMED ALI M. SALIversusTHE MUNICIPAL CORPORATION OF GR. MUMBAI TH. ITS MUNICIPAL COMMISSIONER

                                                                                           13-WP.1824.2026.doc

       Salunke
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION

                                           WRIT PETITION NO. 1824 OF 2026

                        Fatima Nalakath Sahusintavide & Ors.                  }     Petitioner
                             Versus
           Digitally
           signed by
                        The Municipal Corporation of Greater                  }
           JAYANT
JAYANT     VISHWANATH
VISHWANATH SALUNKE
                        Mumbai & Ors.                                         }     Respondents
SALUNKE    Date:
           2026.09.13
           15:17:47
           +0530




                        Mr. E. A. Sasi with Mr. Tejas Shinde, Advocate for the Petitioner.

                        Ms. Shweta Patankar, Advocate for Respondent Nos. 1 to 7.

                        Mr. Rishikesh Soni with Mr. Ashwin Umrikar i/b. SHS Chambers,
                        Advocates for Respondent No. 9.


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

                                      DATE       : 11th SEPTEMBER, 2026

                        P.C.:
                        1.      We have heard the learned counsel for the parties.

                        2.      The instant Petition is preferred, inter alia, seeking the
                        following relief: -

                                “(a)    This Hon’ble may be pleased to issue Writ of mandamus,
                                certiorari or any such other Writ, order or direction calling upon the
                                Respondent Nos. 1 to 8 or any of the concerned Respondents to produce
                                the relevant records and proceedings concerning the impugned orders
                                and be further pleased to quash and set aside the impugned Orders (i)
                                dated 28.02.2020 passed by the Respondent No. 7 being Exhibit – A
                                hereto; and (ii) decision taken by the Respondent No. 2 on or about
                                12.08.2021 under No. DMC/ZV/OD/90 thereby earmarking an area of
                                130.09 sq.mtrs., in the proposed building plans, from the share of the
                                Petitioner/owners, communicated vide development permission dated
                                10.09.2025 being Exhibit – B hereto.”

                        3.      A preliminary objection to the maintainability of the Writ
                        Petition has been raised by the learned counsel for the Respondents
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                                                         13-WP.1824.2026.doc


in the light of the alternate remedy of Appeal available to the
Petitioner against the impugned orders. Moreover, it is submitted
that, the order dated 10th September 2025 granting development
permission, is appealable and the instant Petition is liable to be
dismissed on the ground of alternate efficacious remedy as well as
on disputed questions of facts raised, which cannot be pressed in
writ jurisdiction.

4.       Confronted with this objection, the learned counsel for the
Petitioner fairly submits that the orders impugned in the Petition as
also the order dated 10th September 2025, are assailed in Appeal,
which is stated to be pending.

5.       Considering the overall fact situation in this proceeding, we
are not inclined to allow the parallel proceeding. In view thereof, the
instant Writ Petition is Disposed Of with an observation that the
pending Appeal/s be decided expeditiously, without inordinate
delay.




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




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