Bombay High Court
MERRY BLESSINGS CO-OP. HOUSING SOCIETY LTD. THRITS AUTHORISED REP/CHAIRMAN/SECRETARY UDAY JAGUSTEversusBRIHANMUMBAI MUNICIPAL CORPORATION (BMC), THROUGH THE MUNICIPAL COMMISSIONER
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is disposed as the respondent has furnished a specific undertaking to carry out the development work within a reasonable time.
Summary
Merry Blessings Co‑op. Housing Society Ltd. filed a writ petition seeking an order directing the Brihanmumbai Municipal Corporation (BMC) and other respondents to carry out a change of a pipeline of about 1.20 metres in circumference. The respondents, particularly Respondent No.4, submitted a specific undertaking to the BMC that they would undertake the development work within a reasonable time and requested a three‑week period to complete it. The petitioners asked the Court to direct the BMC to inspect the site after completion and to ensure compliance with the undertaking. The Court noted the categorical undertaking already furnished by Respondent No.4 and found no need for further directions. Accordingly, the Court disposed of the writ petition, directing that the work be completed within the stipulated period and inspected by the BMC.
Issues considered
- Whether the BMC and the other respondents are legally bound to carry out the pipeline alteration as claimed by the petitioner.
- Whether the Court can dispose of the writ petition based solely on the specific undertaking furnished by a respondent.
Subjects
- municipal corporation
- co‑operative housing society
- pipeline alteration
- undertaking
- writ petition
- civil jurisdiction
- BMC
- development work
Judgment
(18)-WP-4219-26.doc
PANCHAL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
BALAJI
BALAJI GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL Date:
WRIT PETITION NO. 4219 OF 2026
2026.10.01
10:32:49
+0530
Merry Blessings Co-op. Housing Society Ltd. ...Petitioner
Versus
Brihanmumbai Municipal Corporation
(BMC) & Ors. ...Respondents
...
Mr. Ashutosh Gole i/by Mr. Amit Nikam & Mr. Rishikesh P.
More, for the Petitioner.
Ms. Sheetal Metakari i/by Ms. Komal Punjabi, for Respondent
Nos.1 & 2-BMC.
Smt. Fatima R. Lakadawala, AGP for the Respondent No.3-
State.
Mr. Mukesh Vashi, Senior Advocate a/w Ms. Manisha Desai
i/by M. P. Vashi & Associates, for Respondent Nos.4 & 5.
Mr. Santosh Shingade, S. E. (Maint.), K/West Ward – present.
Mr. Dayanand Patil, S. E. (SWD), W.S. - present.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 30th SEPTEMBER, 2026.
P.C.:
1. Learned Senior Advocate, Mr. Mukesh Vashi for
Respondent Nos.4 and 5, on instructions, submits that an
undertaking is already furnished by the Respondent No.4 to
the BMC that it is inclined to carry out the development work
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(18)-WP-4219-26.doc
i.e. change of pipeline, which has a circumference of about
1.20 meters. Such work to be carried out by the Respondent
Nos.4 and 5 as per the requirement of the BMC within a
reasonable time, for which Mr. Vashi, learned Senior Counsel
would request for three weeks’ time.
2. Once the work is complete, we expect the BMC
officials to inspect the site and submit a report to this Court
through their Advocate.
3. As a specific undertaking is already furnished by
the Respondent No.4 in this regard, we expect the same to be
complied with within four weeks. Moreover, after completion
of the said work, the Respondent-BMC may also inspect the
site so as to ascertain, whether the work is carried out
satisfactorily.
4. Considering the facts as noted above, coupled with
the categorical undertaking furnished by the Respondent No.4,
Writ Petition is Disposed Of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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