Bombay High Court
HIRAMANI SHALIGRAM TRIPATHI, THORUGH HIS POWER OF ATTORNEY HOLDER KUNAL HIRAMANI TRIPATHIversusSTATE OF MAHARASHTRA THROUGH THE GOVERNMENT PLEADER
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court ordered a one‑week period for the petitioners to file a detailed objection, stayed any demolition action, and maintained the status quo pending the pending suit, disposing the writ petitions without adjudicating the merits.
Summary
The petitioners, Hiramani Shaligram Tripathi (by POA) and Navin Mulchand Dedhia, challenged a Show Cause Notice dated 16 May 2023 issued under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888, and a subsequent Speaking Order dated 2 September 2023, which directed demolition of an alleged unauthorized structure at Shop No.4 ‘Shiv Niwas’ in Ghatkopar. They sought quashing of the notice and order, a stay of any demolition, and maintenance of the status quo pending the outcome of a pending R.A.E. & R Suit. The respondents, the State of Maharashtra and the municipal corporation, argued that the petitioners had not first filed an objection and that the proceedings were premature. The Court held that the petitioners must be given an opportunity to file a detailed objection within one week and that demolition actions be stayed pending such objection and a hearing within eight weeks. The Court further directed that the impugned notice and order remain subject to the final outcome of the pending suit and that the status quo be maintained. Consequently, the writ petitions were disposed without reaching the merits of the case.
Issues considered
- Whether the writ petitions challenging the Show Cause Notice and Speaking Order are premature without an objection filed by the petitioners.
- Whether the Court can stay the demolition order and maintain status quo pending the filing of an objection and the outcome of the pending R.A.E. & R Suit.
Legislation cited
- Mumbai Municipal Corporation Act, 1888 — s. 351(1A)
Subjects
- Show Cause Notice
- Demolition
- Mumbai Municipal Corporation Act
- Section 351(1A)
- Stay order
- Writ petition
- Status quo
- Objection filing
Judgment
Digitally signed
by MAYUR
MAYUR KONDIRAM
KONDIRAM ADANE
ADANE Date:
2026.10.06
13:58:40 +0530
19-WP-4051-2026 (OS)+20-WP-4068-2026 (OS).doc
Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4051 OF 2026
Hiramani Shaligram Tripathi, Through
His Power Of Attorney Holder Kunal
Hiramani Tripathi ...Petitioner
Versus
State Of Maharashtra Through
The Government Pleader & Ors. ...Respondents
AND
WRIT PETITION NO. 4068 OF 2026
Navin Mulchand Dedhia ...Petitioner
Versus
State Of Maharashtra(thru GP Original Side BHC) ...Respondents
...
Adv. Aayesha Thakkar, a/w Adv. Anjali C. a/w Adv. Priyanshu
Doshi, i/b Makwana & Associates, for the Petitioners.
Adv. Varsha Sawant, AGP, for the Respondent No.1-State in
WP/4051/2026.
Adv. Rakesh H. Pathak, AGP, for the Respondent No. 1 – State in
WP/4068/2026.
Adv. K.H. Mastakar, for the Respondent Nos.2 and 3.
Adv. K.C. Pandey, i/b Tanvir Shaikh, for the Respondents.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 1st OCTOBER, 2026.
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P.C.:
1. The instant Writ Petition No.4051 of 2026, inter alia, is filed
for the following substantive reliefs :-
b. this Hon’ble Court be pleased to quash and set aside the
Show Cause Notice dated 16 th May, 2023 at Exhibit D under
Section 351(1A) of the Mumbai Municipal Corporation Act,
1888 and the Speaking Order dated 2 nd September, 2023 at
Exhibit G and any and all other notices issued in respect of
the said Shop being Shop No.4, “Shiv Niwas”, Rajawadi
Naka, M.G.Road, Ghatkopar (East), Mumbai – 400 077;
c. that this Hon’ble Court be pleased to stay the effect,
operation, implementation and execution of Show Cause
Notice dated 16th May 2023 at Exhibit D under Section
351(1A) of the Mumbai Municipal Corporation Act, 1888 and
the Speaking Order dated 2 nd September, 2023 at Exhibit G
and any and all other notices issued in respect of the said
Shop being Shop No.4, “Shiv Niwas”, Rajawadi Naka, M.G.
Road, Ghatkopar (East), Mumbai – 400 077 until the final
hearing of the R.A.E. & R Suit bearing no.1535/5107 of
1984 filed by the original landlord which is now being
prosecuted by the Respondent Nos. 3 to 6.
2. Similar reliefs are sought in Writ Petition No. 4068 of 2026.
Accordingly parties agree that the captioned Petitions be Disposed
of by a common order.
3. At the outset, it is noted that no formal Notice is required to
be issued to the Respondent - Corporation.
4. Ms. Varsha Sawant, learned AGP waives service of notice on
behalf of Respondent No. 1 - State in Writ Petition No. 4051 of 2026.
Mr. Rakesh H. Pathak, learned AGP, waives service of notice on
behalf of Respondent No. 1 – State in Writ Petition No. 4068 of
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2026. Mr. K.H. Mastakar, learned counsel, waives service of notice
on behalf of Respondent Nos. 2 and 3. Mr. K.C. Pandey, learned
counsel, waives service of notice on behalf of Respondents.
5. In the instant proceedings, the Show Cause Notice dated 16 th
May 2023 issued under Section 351(1A) of the Mumbai Municipal
Corporation Act, 1888, along with the Speaking Order dated 2 nd
September 2023 qua the shop premises bearing Shop No. 4/6,
“Shiv Niwas”, Rajawadi Naka, M.G. Road, Ghatkopar (East),
Mumbai – 400077, (for short Impugned Notice and Order) are
under challenge.
6. Subsequently, a Notice dated 3rd June 2023 directing
removal/demolition of unauthorized structure was also issued to
the Petitioner. Learned counsel for the Respondents submits that
the proceedings before the Respondent-Corporation/Concerned
Authority are yet to attain finality. However, the Petitioner has
approached this Court impugning the Show Cause Notice without
availing the opportunity of filing an Objection before the
Respondent-Corporation/Concerned Authority. It is therefore
submitted that, the present Petitions are premature and liable to be
dismissed on this ground.
7. When confronted with the aforesaid situation, learned counsel
for the Petitioner fairly submits that one weeks time may be
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accorded to file a detailed Objection against the Impugned Notice
and Order. It is further submitted until disposal of such Objection,
no coercive/demolition action be taken by the Respondents against
the Petitioners.
8. We have considered the overall factual situation. At this stage,
the Petitioners have directly assailed the Impugned Notice and
Order. Prima facie, it appears that as the Impugned Notice and
Order entails serious civil consequences of demolition, qua the
Petitioners, the Petitioners be given an opportunity to prefer their
Objection to the same.
9. We are not inclined to adjudicate the matter on merits at this
stage. However, by way of an indulgence, we leave it open to the
Petitioners to file a detailed Objection qua his right, title, and claim
over the property in question being disputed in the given facts,
within a period of one week from date of uploading of this Order.
10. In the event Petitioner submits such Objection within the time
stipulated above, the Respondent-Corporation/Concerned Authority
shall consider and decide the same expeditiously on merits and in
accordance with law after affording an opportunity of hearing to the
Petitioner preferably within a period of 8 (eight) weeks from the date
of production of a certified copy of this Order. We are conscious of
the fact that the Respondent-Corporation had, pursuant to the
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Impugned Show Cause Notice dated 16 th May 2023 passed a
Speaking Order dated 2nd September 2023 which is also assailed in
this proceedings.
11. In light of our observations above, it is clarified that the
Impugned Notice and Order shall be governed by and be subject to
the outcome of the pending proceedings and the final
outcome/decision thereof. Until finalization thereof, we direct that
the parties shall maintain status quo as on date, in the proceedings.
12. Accordingly, the Writ Petitions stand Disposed of in the above
terms, without adverting to the merits of the matter.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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