Bombay High Court
KRISHNA NARAYAN VETALversusMUNICIPAL CORPORATION OF GR. MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court directed the Municipal Corporation of Greater Mumbai to decide the petitioner’s pending complaints within two months, without addressing the substantive merits.
Summary
The petitioner, Krishna Narayan Vetal, filed a writ petition seeking a writ of certiorari or mandamus directing the Municipal Corporation of Greater Mumbai to initiate action against three respondents for alleged illegal construction and to demolish the structures. The petitioner alleged that multiple complaints filed on 19 December 2024, 21 April 2025, 30 September 2025 and 17 December 2025 had not been considered by the corporation. The Court, without examining the merits, ordered, with the parties' consent, that the corporation decide the pending complaints within two months, after hearing all stakeholders. The direction was issued under the Mumbai Municipal Corporation Act, 1888, the Development Control Regulations and the Maharashtra Regional and Town Planning Act, 1966. The writ petition was thereafter disposed.
Issues considered
- Whether the High Court can issue a writ of certiorari or mandamus directing a municipal corporation to act on pending complaints of illegal construction.
- Whether the corporation’s failure to consider the complaints is reviewable by the Court.
Legislation cited
Subjects
- Writ of Certiorari
- Mandamus
- Municipal Corporation
- Illegal Construction
- Development Control Regulations
- Administrative Inaction
- Expeditious Hearing
Judgment
12-WP.1959.2026.doc
Salunke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
JAYANT
JAYANT VISHWANATH
VISHWANATH SALUNKE
SALUNKE Date:
WRIT PETITION NO. 1959 OF 2026
2026.09.11
18:47:56
+0530
Krishna Narayan Vetal alias Bhanudas}
Narayan Vetal } Petitioner
Versus
Municipal Corporation of Greater }
Mumbai & Ors. } Respondents
Mr. Prathamesh Seth with Ms. Trupti Gosavi,
Ms.Vrunali Kirtikar and Ms. Grishma Karane,
Advocates for the Petitioner.
Ms. Shweta Patankar, Advocate for Respondent-BMC.
Mr. Sandip Sawant, Sub-Engineer (B&F) H/West Ward
present.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 10th SEPTEMBER, 2026
P.C.:
1. Heard Mr. Prathamesh Seth, the learned counsel for the
Petitioner and Ms. Shweta Patankar, the learned counsel appearing
for the Respondent-BMC.
2. The instant Writ Petition is preferred, inter alia, for the
following relief: -
“(a) this Hon’ble Court be pleased to admit the Petition;
(b) this Hon’ble Court be pleased to issue Writ of Certiorari and/or
any other appropriate Writ, Order or direction in the nature of
Mandamus ordering and directing the Respondent No. 1 to forthwith
initiate action against the Respondent Nos. 2 to 4 under the provisions
of the Mumbai Municipal Corporation Act, 1888, Development Control
Regulations and the Maharashtra Regional and Town Planning Act,
1966 in respect of the unauthorized and illegal construction of the
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12-WP.1959.2026.doc
Respondent Nos. 2 to 4 at 214/B, Shri Laxmi Nivas, 21 st Road, C. T. S.
No. D/854 of Village Peth-Danda, Taluka Andheri, Mumbai Suburban
District, Khar Danda, Khar (West), Mumbai-400 052 and to demolish
the illegal and unauthorized work forthwith.”
3. The learned counsel for the Petitioner submitted that the
Petitioner has filed several complaints/representations way back on
19th December 2024, 21st April 2025, 30th September 2025 and 17th
December 2025 addressed to the Respondent No. 1-Corporation.
The said complaints/representations have not been considered
and/or decided till date. Hence, the Petitioner has invoked the
jurisdiction of this Court. He submits that the Respondent No. 1-
Corporation be directed to decide the aforesaid
complaints/representations expeditiously and in accordance with
law.
4. Without adverting to the merits of the case, with consent of
the parties, we dispose of the Petition with a direction to the
concerned authorities of the Respondent No. 1-Corporation do
decide the complaints/representations filed by the Petitioner on 19 th
December 2024, 21st April 2025, 30th September 2025 and 17th
December 2025 expeditiously and preferably within a period of two
months from today, after affording an opportunity of hearing to all
the stake holders.
5. With the aforesaid direction, the writ petition is disposed of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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