KAMLESHSINGH HARNAMSINGH CHOWHANversusBOMBAY BUILDING REPAIRS AND RECON

          Digitally
          signed by
          RUPALI
RUPALI    RAJESH                                                       77-wp-3341-2025.doc
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.21
          18:56:33
          +0530
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                WRIT PETITION NO. 3341 OF 2025


                 Kamleshsingh Harnamsingh Chowhan           ...Petitioner
                      Versus
                 The Bombay Building Repairs & Recon & Ors. ...Respondents


                 Mr. Vivek Kantawala a/w Mr. Vivek M. Sharma, Ms. Harsha Masand,
                 Mr. Shaurya Singh Chowhan i/b Mr. Vivek M. Sharma for the
                 Petitioner.

                 Mr. Bibhishan Sutar a/w Ms. Jyoti Mhatre i/b Adv.Komal Punjabi for
                 the Respondent – MCGM.

                 Ms. Sneha Prabhu for the Respondent Nos.1 and 2.

                                      CORAM : M. S. KARNIK &
                                              SANDESH D. PATIL JJ.
                                      DATE : 20th AUGUST, 2026



                 P.C. (PER SANDESH D. PATIL, J):


                 1.           By the present petition, the petitioner is seeking to quash

                 and set aside the letter dated 10 th June, 2025 issued by the

                 Respondent Nos.1 and 2.       The said letter is at ‘Exhibit Q’ to the

                 petition.

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            2.         By the impugned letter, the respondent Nos.1 and 2 had

            contended that during the routine inspection as well as pre-monsoon

            survey of 2025 – 26, the building of the petitioner was found to be in

            dilapidated condition. The respondent Nos.1 and 2 contended that

            the building was classified as C1 category. The petitioner contended

            that the building could not have been categorized as C1 category and

            it can be repaired. The learned Counsel appearing for the petitioner

            has invited out attention to the affidavit-in-rejoinder filed by the

            petitioner. In the said affidavit, the petitioners have annexed report

            by their Civil Structural Engineer who have certified that the

            structure is a ‘C to B’ structure and can be repaired.



            3.         The respondent Nos.1 and 2 have filed their affidavit-in-

            reply.



            4.         Learned Counsel for the petitioner states that it would be

            advisable to refer the matter to the Technical Advisory Committee


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            (TAC) constituted for that purpose. He states that in light of the

            submissions made by the respondents, he is agreeable to go to the

            Technical Advisory Committee (TAC). He further submits that if the

            structural audit is conducted by the Technical Advisory Committee

            (TAC), his grievance would be redressed. In such circumstances, the

            following order is passed :

                                           ORDER

                      (i)     The parties to get the structural audit done by the

                      Technical Advisory Committee (TAC).

                      (ii)    The Technical Advisory Committee (TAC) to submit

                      their report within four weeks from the date of passing of

                      this order.

                      (iii)   The expenses for the structural audit be born by the

                      petitioner.



            5.         Petition is accordingly disposed of.



            (SANDESH D. PATIL, J.)                            (M. S. KARNIK, J.)


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