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.
1/2
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.]
2/2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.