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Bombay High Court

MRUDULA GORDHANDAS KAPADIA THRU HER CONSTITUTTE POA DEEPAK KAPADIAversusTHE MUNICIPAL COMMISSIONER BRIHANMUMBAI MUNICIPAL CORPORATION

Decided
Disposal
DISPOSED OFF

Holding

The Court held that it will not examine the merits and expects compliance with the finalized demolition order under the MMC Act.

Summary

The petitioner filed a writ petition alleging that the Brihanmumbai Municipal Corporation (BMC) had issued a notice under section 351(1A) of the Mumbai Municipal Corporation Act, 1888, directing demolition of an illegal structure, and that the proceedings had been finalized yet no demolition was carried out. The respondent (the third respondent) contended that the proceedings were ex‑parte. The Court observed that it would not delve into the merits of the petition and emphasized that if the demolition proceedings are indeed finalized and there is no other impediment, the order must be complied with in letter and spirit. Consequently, the Court disposed of the writ petition without granting any relief. The decision underscores the expectation of strict compliance with finalized municipal demolition orders.

Issues considered

  • Whether the Court should entertain the merits of a petition challenging non‑compliance with a demolition order issued under the Mumbai Municipal Corporation Act.
  • Whether the ex‑parte nature of the proceedings, as alleged by the respondent, affects the enforceability of the demolition order.
  • Whether a notice issued under section 351(1A) of the Mumbai Municipal Corporation Act creates a binding duty that must be executed once the proceedings are finalized.

Legislation cited

Subjects

  • demolition
  • illegal structure
  • municipal authority
  • ex‑parte proceedings
  • compliance with notice
  • municipal law

Judgment

ANANT
KRISHNA
                                                                                          37.WP.4449.2026.doc
NAIK
Digitally signed by
ANANT KRISHNA
NAIK
Date: 2026.09.23
10:51:23 +0530


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

                                               WRIT PETITION NO. 4449 OF 2026

                      Mrudula Gordhandas Kapadia                                    … Petitioner
                           versus
                      The Municipal Commissioner, Brihanmumbai
                      Municipal Corporation & Ors.                                  … Respondents

                      Mr. Prathmesh Bargude a/w. Mr. Ameya Tawde i/b. Mr. K. Amol for the Petitioner.
                      Ms. K. H. Mastakar for Respondent - BMC.
                      Mr. Ramachandran Narayanan a/w. Ms. Purva Pendurkar, Mr. Kishor More, Mr.
                      Aayush Ramachandran i/b. M/s. Narayanan & Narayanan for Respondent No.3.
                      Mr. Vivek Bagde, Sub Eng, F/North Ward present.


                                             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                     ADVAIT M. SETHNA, J.

                                             DATE      : 22nd SEPTEMBER, 2026.

                      P.C.:


                      1.      Learned Counsel for Petitioner vehemently contended that the complaint of

                      the Petitioner had been entertained by the Brihanmumbai Municipal Corporation

                      (BMC) and accordingly the Notice under 351(1A) of the Mumbai Municipal

                      Corporation Act, 1888 (for short “The MMC Act”) had already been issued to the

                      Respondent No. 3. It has also claimed that the said proceeding has been finalized,

                      in spite of which, no action has been taken to carry out the actual demolition of

                      illegal structure at the site.


                      2.      Mr. Narayanan, the learned Counsel, who appears for the Respondent No. 3

                      submits that the entire proceedings is an ex-parte.


                      3.      Be that as it may. In the given facts and circumstances, we are not inclined



                      AKN                                     1
                                                                     37.WP.4449.2026.doc


to advert into the merits of the matter. Suffice to indicate, in case proceedings are

finalized and there is no other impediment, we expect the same be complied with

in letter and spirit.


4.     With the aforesaid observations, the Writ Petition is Disposed Of.




           [ADVAIT M. SETHNA, J.]                      [CHIEF JUSTICE]




AKN                                    2


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