NAMRATA THAKURversusMUNICIPAL COMMISSIONER

                             PDP                                                   14-WP-2795-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed

PRAVIN
          by PRAVIN
          DASHARATH
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
DASHARATH PANDIT
PANDIT    Date:
          2026.09.22
          09:47:51 +0530
                                                   WRIT PETITION NO. 2795 OF 2026

                             Ms. Namrata Thakur                                  .. Petitioner

                                   Vs.

                             Municipal Commissioner, MCGM
                             & Ors,.                                             .. Respondents

                                                              ...
                             Mr. J. K. Shah a/w Shriya Wadhane i/by R. J. Law for the Petitioner.
                             Ms. Sheetal Metakari i/by Ms. Komal Punjabi for Respondent Nos.1
                             and 2-BMC.
                             Mr. Manish Upadhye, AGP for Respondent Nos.3 and 4-State.
                             Mr. R. V. Baravkar, Court Receiver – Respondent No.5 is present.
                                                              ...

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

                                         DATE         : 21st SEPTEMBER, 2026.

                             P.C. :

                             1.          Heard the learned Counsel for the Petitioner. Issuance of
                             Notice is dispensed with in view of the order proposed to be passed
                             by this Court.


                             2.          The Writ Petition has been filed, inter alia, praying for the
                             following relief: -


                                          “(a) That the Hon’ble Court be pleased to issue a Writ
                                          of Mandamus or any other Writ, order and direction
                                          calling for record and proceedings in respect of
                                          Petitioners’ Complaint about encroachment vide
                                          Advocates Notice dated 25/3/2026, submitted with
                                          the office of Municipal Commissioner, MCGM Head
                                                                 1
PDP                                                        14-WP-2795-2026.doc


                Office, 2nd floor, M.C.G.M., Main Building, Mahapalika
                Marg,       Fort,      Mumbai      –      400      001,
                Removal/Maintenance, BMC – D Ward, Office
                Building, Jobanputra Compound, Nana Chowk, Grant
                Road (West), validity of the same, direct the
                Respondents to jointly/severally take immediate
                action as per law against subject encroached area at
                the dead cessation of Chunam Lane situated at 9/D
                Chunam Lane, Lamington Road, Mumbai – 400 007,
                partly standing on the Petitioners property situated on
                plot bearing C.S. No.1218 of Girgaon Division, Cess
                No.D-1799 (1B), St. No.9;

                (b) In the alternative to prayer clause (a) above, this
                Hon’ble Court be pleased to direct the Respondent to
                act upon and/or to decide immediately Petitioners
                Complaint dated 25/03/2026 and follow-up letter
                dated 16/04/2026 produced below Exhibit-P hereto
                seeking    demolition/removal      of   Encroachment
                submitted with the office of Assistant Engineer,
                Building & Factory (B & F), BMC, D-Ward, BMC – D
                Ward, Office Building, Jobanputra Compound, Nana
                Chowk, Grant Road (West), Mumbai – 400 007 within
                a time-bound period as may be fixed by the Hon’ble
                Court.”


3.          In sum and substance, the Petitioner’s grievance is that
even     though     the   earlier   complaint   was     entertained       by     the
Respondent-Authorities and partial demolition has also been carried
out, but subsequently, the private Respondent has reconstructed the
same. At present, the Petitioner has confined the relief to directing
the Respondent-BMC to decide immediately the Petitioner’s complaint
dated 25th March, 2026 which is stated to be pending consideration
before    the     Municipal   Commissioner,     Brihanmumbai          Municipal
Corporation,       Mumbai.    Such    complaint    is   against     the     illegal
encroachment/unauthorized construction by private Respondent,
namely, Rajesh Narayan Angane, allegedly acting in the name of D. B.

                                       2
PDP                                                  14-WP-2795-2026.doc



Marg Ganpati Mandal filed for causing great inconvenience and till
date no steps have been taken by the authority, on the said
complaint.


4.           Considering the factual situation as emerged before us, we
are not inclined to issue notice or keep the matter pending
consideration.    At this stage, however, we observe that in case the
Petitioner’s complaint dated 25th March, 2026 is, until date, not
entertained by the Respondent-BMC, we expect the same may be
taken care of in accordance with law. Accordingly the said complaint
be decided within three months from today, but certainly after giving
ample opportunity of hearing to all stakeholders.


5.           With the aforesaid observation, the Writ Petition is
Disposed of.




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




                                    3