Bombay High Court
GFT REALTORS LLPversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of without adverting to the merits, directing the petitioner to seek relief from the Chief Engineer (DP) of the corporation.
Summary
GFT Realtors LLP filed a writ petition against the Municipal Corporation of Greater Mumbai seeking a writ of certiorari to quash a communication dated 17 October 2024 and a writ of mandamus directing the corporation to treat Manorama and Manorama Annex as a single inseparable cessed building and grant the petitioner statutory benefits. The Court, without examining the merits, held that the petitioner's relief should be sought before the Chief Engineer (DP) of the corporation as a matter of representation. It directed that the Chief Engineer decide the application within three months of the certified copy of the order. Consequently, the writ petition was disposed of without adverting to the substantive issues.
Issues considered
- Whether the Court can entertain the petition for certiorari and mandamus or should direct the petitioner to approach the appropriate administrative authority.
- Whether the communication dated 17 October 2024 can be quashed.
- Whether the corporation is obligated to treat the two buildings as a single inseparable cessed building and grant benefits.
Subjects
- writ of certiorari
- writ of mandamus
- municipal corporation
- administrative law
- representation before authority
- building cess
Judgment
(4)-WP-3080-25.doc
PANCHAL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
BALAJI
signed by
BALAJI
GOVINDRAO
WRIT PETITION NO. 3080 OF 2025
GOVINDRAO PANCHAL
PANCHAL Date:
2026.10.06
11:05:03
+0530
GFT Realtors LLP ...Petitioner
Versus
The Municipal Corporation of
Greater Mumbai & Ors. ...Respondents
...
Mr. Rohan Cama a/w Mr. Aditya Udeshi, Mr. Rahul Sanghvi
i/by Sanjay Udeshi & Co., for the Petitioner.
Ms. Sheetal Metakari i/by Ms. Komal Punjabi, for Respondent
Nos.1 to 3-BMC.
Mr. Mohit P. Jadhav, Addl. GP for the Respondent No.4-State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 5th OCTOBER, 2026.
P.C.:
1. Heard learned Counsel for the Petitioner and the
learned Counsel for the Respondent Nos.1 to 3-BMC.
2. The instant Writ Petition is preferred inter alia for
the following substantive reliefs :-
“a. that this Hon’ble Court be pleased to issue a Writ of
Certiorari or any Writ, Order or Direction in the nature
of Certiorari thereby quashing and setting aside the
Impugned Communication dated 17th October, 2024
(being Exhibit K hereto) issued by Respondent No. 3
to the Petitioner;
b. that this Hon’ble Court be pleased to issue a Writ of
1
(4)-WP-3080-25.doc
Mandamus or any Writ, Order or Direction in the
nature of Mandamus thereby directing the
Respondents to consider Manorama and Manorama
Annex as a single inseparable cessed building and to
grant the Petitioner necessary benefits in accordance
with law;”
3. At the outset, learned Counsel for the Petitioner
submits that considering the grounds that are taken in the
instant proceeding, leave may be accorded to the Petitioner, to
press the same before the Chief Engineer (DP) of the
Corporation in accordance with law. Accordingly, the instant
Petition be treated as representation before the said authority
of the Respondents.
4. Be that as it may. Without adverting on the merits of
the matter, we expect that the Application of the Petitioner is
decided by the Chief Engineer (DP) of the Corporation as noted
by us above, expeditiously, preferably within a period of three
months from the date of production of a certified copy of this
Order by the Petitioner, before the said Authority.
5. With the aforesaid directions, Writ Petition is
Disposed Of, without adverting to the merits of the matter.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.