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Bombay High Court

KRISHNA NARAYAN VETAL ALIAS BHANUDAS NARAYAN VETALversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
DISPOSED OFF

Holding

The Court directed the municipal corporation to decide the pending complaints within two months and disposed of the petition.

Summary

The petitioner filed a writ petition seeking a writ of certiorari or mandamus directing the Municipal Corporation of Greater Mumbai to initiate action against two respondents for alleged illegal construction and to demolish the structures. The petitioner alleged that multiple complaints filed on 30 January 2023, 11 September 2023, 6 May 2024 and 30 September 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 expeditiously, preferably within two months, after hearing all stakeholders. No substantive adjudication on the alleged illegal construction was made. The petition was thereafter disposed of with the said direction.

Issues considered

  • Whether the High Court can issue a writ directing a municipal corporation to decide pending complaints within a specified time frame.
  • Whether the Court may dispose of a writ petition without adverting to the merits when the relief sought pertains to administrative inaction.

Legislation cited

Subjects

  • writ petition
  • certiorari
  • mandamus
  • municipal corporation
  • illegal construction
  • demolition
  • administrative law
  • expeditious decision

Judgment

                                                                                              13-WP.1960.2026.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. 1960 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 and 3 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

                                                                  1
                                                                  13-WP.1960.2026.doc


        construction of the Respondent Nos. 2 and 3 at 214/B, Shri Laxmi
        Nivas, 21st 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
30th January 2023, 11th September 2023, 6 th May 2024 and 30th
September 2025 addressed to the Respondent No. 1-Corporation.
The       said     complaints/representations            have     not        been
considered/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 30 th
January 2023, 11th September 2023, 6th May 2024 and 30th
September 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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