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Bombay High Court

DIAMOND BAKERY A PARTNERSHIP FIRMversusTHE MUNICIPAL COMMISSION

Decided
Disposal
DISPOSED OFF

Holding

The Court disposed of the writ petition, allowing demolition of the remaining portion with the petitioners' consent.

Summary

Diamond Bakery & Ors. filed a writ petition alleging that the Municipal Corporation of Greater Mumbai was demolishing their bakery premises. The petitioners claimed they were awaiting allocation of alternate premises and had not yet paid stallage charges. The Municipal Corporation explained that the petitioners had finally agreed to pay the charges, that a ground‑floor stall had been allotted, and that the keys would be handed over shortly. The petitioners raised a minor grievance regarding the size of the allotted area, stating they would pursue the matter through the appropriate legal procedure. The Court, after hearing both sides, disposed of the writ petition, permitting demolition of the remaining portion with the petitioners' consent and directing that the matter be listed for compliance.

Issues considered

  • What is the legality of the Municipal Corporation's demolition of the petitioners' bakery premises pending allocation of alternate premises?
  • Whether the petitioners are entitled to a stay of demolition pending resolution of their grievance over the area of the allotted premises.

Subjects

  • municipal law
  • demolition
  • writ petition
  • stallage charges
  • alternative premises
  • property rights

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
                                                                                     p501-wp-323-2026.odt
Date: 2026.02.20
20:50:44 +0530




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION

                                         WRIT PETITION NO. 323 OF 2026

                      Diamond Bakery & Ors.                                   … Petitioners
                           vs.
                      The Municipal Commissioner,
                      Municipal Corporation of Greater Mumbai & Anr.          … Respondents
                                                        …

                      Mr.Piyush N. Shah with Mr.Aditya V. Tayade for the Petitioners.
                      Ms.Vaishali Ugale for the Respondent / Municipal Corporation.
                      Mr.Sandesh Kamble, Junior Engineer (Building and Factory) N Ward is
                      present.
                                                         ...

                                               CORAM : RAVINDRA V. GHUGE &
                                                       ABHAY J. MANTRI, JJ.

                                               DATE      : FEBRUARY 20, 2026
                      P.C:


                      1.          Not on board. On mentioning, taken on the production board.



                      2.          The learned Advocate for the Petitioners mentioned the matter

                      at 11:00 a.m. and expressed grave urgency. He submitted that the writ

                      premises pertain to a bakery business and that the Municipal Corporation is

                      demolishing the premises.


                      3.          We have heard the learned Advocates for the respective sides.

                      After we kept this matter on the production board, the Municipal

                      Trupti                                                                         ...1
                                                                     p501-wp-323-2026.odt




Corporation has assigned reasons for justifying the commencement of the

demolition.




4.            The Petitioners, who were earmarked alternate premises for

operating the bakery business, had been choosy and were negotiating

whether the premises should be on the first floor or the ground floor. They

spent time on such activities and have today finally approached the

Municipal Corporation to make the requisite payment towards stallage

charges. The amount is being paid, and the handing over of the keys to the

Petitioners is being processed.



5.            The learned Advocate for the Municipal Corporation submits,

on instructions from Mr. Sandesh Kamble, Junior Engineer (Building and

Factory), N Ward, who is present in the Court Hall, that the Petitioner’s file

would be processed tomorrow between 8:00 a.m. and 12:00 noon,

considering that tomorrow is the third Saturday. The allotment would be

done tomorrow, and the keys would be handed over on Monday. The

ground floor has been allotted, and the Petitioners are satisfied.



6.            The Petitioners have a small grievance as regards the area

granted to them and they submit that they would deal with the said

Trupti                                                                               ...2
                                                                p501-wp-323-2026.odt




grievance by adopting the procedure as may be permissible in law.



7.            In view of the above statements, this Writ Petition is disposed

off.



8.            List this disposed off Petition on 06.03.2026 for recording

compliance.



9.            Needless to state, the demolition of the remaining portion,

with the consent of the Petitioners, is permitted.




(ABHAY J.MANTRI, J.)                   (RAVINDRA V. GHUGE, J.)




Trupti                                                                          ...3


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