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Bombay High Court

SHREE SHIV SAINATH CHS LTDversusTHE MUMBAI MUNICIPAL CORPORATION AND 2 OTHERS

Decided
Disposal
DISPOSED OFF

Holding

The petition is dismissed and disposed of without granting the relief sought.

Summary

The petitioner, Shree Shiv Sainath CHS Ltd., a cooperative housing society, filed a writ petition in 2017 seeking a mandamus directing the Municipal Corporation of Greater Mumbai (MCGM) to remove an illegal construction and encroachment on a common road and footpath at Khotwadi, Santacruz (West). No counsel appeared for the petitioner during subsequent hearings, and the petitioner’s counsel later requested additional time to obtain instructions. The Court, noting the long pendency since 2017 and the lack of representation, declined to grant further time. The judges expressed doubt that the illegal shed still existed and advised the petitioner to file a fresh writ petition if the encroachment persisted. Consequently, the petition was disposed of without any order directing removal of the encroachment.

Issues considered

  • What relief, if any, can be granted by the Court in a writ petition filed in 2017 that has remained unattended and without counsel for the petitioner?

Subjects

  • writ of mandamus
  • illegal encroachment
  • public road
  • petition dismissed
  • long pendency

Judgment

                                                                                      23-WP-2052-2017.odt


            rajshree


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                                   WRIT PETITION NO.2052 OF 2017
                              Shree Shiv Sainath CHS Ltd.                         ....Petitioner
                                             V/S
                              MCGM & Ors.                                         ....Respondents


                              Mr.Faiz Ali Khan i/b Mr.Kunal Bhanage for the Petitioner.
                              Ms.Shweta Patankar i/b Ms.Komal Punjabi for BMC.


                                                         CORAM : BHARATI DANGRE &
                                                                 ASHISH S. CHAVAN, JJ

                                                         DATE      : 11th AUGUST 2026


                              P.C. :

                              1        The Petition seek following relief :-
                                  “a. This Hon'ble Court may be pleased to issue a writ of mandamus of
                                  any other writ, Order or direction in the nature thereof calling upon
                                  and directing the Respondents to take steps to remove the illegal
                                  construction and encroachment on the common road and footpath
                                  located at Plot No. 74, CTS No. 1635, TPS No. 6, Road No.3, Khotwadi
                                  Santacruz (West), Mumbai 400054.”


                                       The Petition having been Dled in the year 2017 was listed
                              before the Court and we Dnd that there was no appearance on
                              behalf of the Petitioner. Even today the learned counsel for the
                              Petitioner seek time to obtain necessary instructions from his
                              client and this we must decline considering the long pendency of
           Digitally signed
           by RAJSHREE
RAJSHREE   KISHOR MORE
KISHOR
MORE
           Date:
           2026.08.12
           10:04:50
           +0530
                              the Petition and the relief sought therein.


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                                                23-WP-2052-2017.odt




2     The   Petitioner, a Cooperative     Housing Society,    seek
direction against the Respondent-Corporation to take steps to
remove the illegal construction and encroachment on footpath at
Khotwadi, Santacruz (West), Mumbai.


3     We really wonder as to whether from the year 2017, the
illegal shed as depicted in Exhibit B continue to stand and we
grant liberty to the Petitioner to approach this Court by Dling
fresh Writ petition, if it does.
      Writ Petition stand disposed of.




[ASHISH S. CHAVAN, J.]                   [BHARATI DANGRE, J.]




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