Bombay High Court
JANATA BOOK MANUFACTURING DEPOTversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court disposed of the writ petition, granting the petitioner liberty to withdraw it and seek other legal remedies.
Summary
The petitioner, Janata Book Manufacturing Depot, filed a writ petition challenging a demolition notice issued by the Municipal Corporation of Greater Mumbai under Section 354 of the Mumbai Municipal Corporation Act, 1988, concerning its premises known as 'Beauty Art Dyers & Cleaners'. While the petition was pending, the building was demolished. The petitioner’s counsel then sought permission to withdraw the writ petition, stating that the petitioner could pursue any other legal remedy available under the statute. The respondents did not oppose this request. The Court allowed the withdrawal and disposed of the writ petition, granting the petitioner liberty to seek other remedies.
Issues considered
- Whether the writ petition challenging the demolition notice should continue despite the demolition having been effected
- Whether the petitioner is entitled to withdraw the writ petition and pursue other remedies
Legislation cited
Subjects
- demolition
- municipal authority
- writ petition
- withdrawal
- MMC Act
- section 354
Judgment
49-OSWP-3216-2026.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3216 OF 2026
Janata Book Manufacturing Depot …Petitioner
Versus
The Municipal Corporation of Greater Mumbai & …Respondents
Ors.
Mr Priyansh R Jain, for the Petitioner.
Ms Mehek Bookwala, i/b Dushyant S Lilani & Mrityunjay Barai.
CORAM: SUMAN SHYAM &
GAUTAM A. ANKHAD, JJ.
DATED: 21st SEPTEMBER 2026.
PC:-
1. This Writ Petition was instituted primarily assailing the
Demolition Notice issued by the Mumbai Municipal Corporation
SHEPHALI under Section 354 of the Mumbai Municipal Corporation Act, 1988
SANJAY
MORMARE
(“MMC Act, 1888”) pertaining to the building known as “M/s.
Digitally signed by
SHEPHALI SANJAY
MORMARE
Date: 2026.09.21 Beauty Art Dyers & Cleaners”. However, it appears that during the
17:42:04 +0530
pendency of the Writ Petition, the building has already been
demolished.
2. In view of the above, Mr Priyansh R Jain, learned counsel
appearing for the Petitioner, on instructions from his clients, seeks
leave of this Court to withdraw this Writ Petition with liberty to
pursue appropriate legal remedy, if any, as may be available to his
Page 1 of 2
49-OSWP-3216-2026.DOC
client under the provisions of the statute. The said prayer is not
opposed by the learned counsel appearing for the Respondent.
3. As such, this Writ Petition stands disposed of, with liberty as
prayed for.
(GAUTAM A. ANKHAD, J.) (SUMAN SHYAM, J.)
{
Page 2 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.