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Bombay High Court

VIBRANT HOUSE LLPversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided
Disposal
DISPOSED OFF

Holding

The Court held that it could not grant the mandamus and instead directed the petitioner to make a fresh representation before the competent authority, which must decide the claim within a stipulated period.

Summary

Vibrant House LLP filed a writ petition under Article 226 seeking a mandamus directing the Municipal Corporation of Greater Mumbai (MCGM) to refund an excess premium of Rs.2,03,98,170 along with 12% per annum interest, alleging that the amount was collected contrary to a Maharashtra State Government notification and an MCGM circular. The petitioner relied on a Supreme Court decision (Prasad Pandurang Tapkir v. Assistant Director of Town Planning) to support the claim. The Court, however, did not adjudicate the merits and instead directed the petitioner to file a fresh representation before the competent authority within a week, which must decide the matter within two months and issue a reasoned order. No opinion on the substantive refund claim was expressed. Consequently, the petition was disposed without granting the relief sought.

Issues considered

  • What is the appropriate remedy for a petitioner who has allegedly paid excess premium to a municipal corporation under a government notification and circular?
  • Whether the High Court can issue a mandamus directing immediate refund of the excess amount and interest, or must the petitioner first approach the competent authority under the applicable notification and circular?

Subjects

  • Article 226
  • Writ of Mandamus
  • Municipal Corporation of Greater Mumbai
  • Refund of excess premium
  • Government notification
  • MCGM circular
  • Representation before competent authority
  • Interest on statutory dues

Judgment

           Digitally
           signed by
           MAYUR
MAYUR      KONDIRAM
KONDIRAM   ADANE
ADANE      Date:
           2026.09.28
           11:09:56
           +0530


                                                                                    2-WP-4483-2026 (OS).doc

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

                                          WRIT PETITION NO. 4483 OF 2026

                        Vibrant House Llp                                               ...Petitioner
                                Versus
                        Municipal Corporation Of Greater Mumbai                  ...Respondent

                                                              ...
                        Adv. Bhavin Gada, a/w Adv. Hitesh Solanki, i/b Hitesh &
                        Associates, for the Petitioner.
                        Adv. K.H. Mastakar, for the Respondent-BMC.
                                                              ...
                                         CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                 ADVAIT M. SETHNA, J.

                                          DATE : 24th SEPTEMBER, 2026.

                        P.C.:
                        1.      Heard learned counsel for the Parties.

                        2.      The instant Writ Petition is preferred, inter alia, praying for

                        the following substantive reliefs :-

                                     (a) That this Hon'ble Court be pleased to issue Writ of
                                     Mandamus or a Writ in nature of Mandamus and/or any other
                                     appropriate writ, order or direction under Article 226 of the
                                     Constitution of India directing the MCGM to refund to the
                                     Petitioner the excess amount of Rs.2,03,98,170/- (Rupees Two
                                     Crore Three Lakh Ninety Eight Thousand One Hundred &
                                     Seventy Only) collected as premium and other charges along
                                     with interest thereon @12% p.a. with effect from 27.12.2021
                                     (being the date on which the building plans were approved
                                     under 2034) till the payment thereof along with the accrued
                                     interest;
                                     (b) In alternative to prayer (a) above, this Hon'ble Court be
                                     pleased to issue Writ of Mandamus or a Writ in nature of
                                     Mandamus and / or any other appropriate writ, order or



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                                                                  2-WP-4483-2026 (OS).doc


             direction under Article 226 of the Constitution of India directing
             the MCGM to adjust the
             excess amount of with effect from 27.12.2021 (being the date on
             which the building plans were approved under 2034) till the
             payment thereof along with the accrued interest towards
             various premium, charges, cess, etc. that may be payable by the
             Petitioner and/or
             any of its affiliates in any other projects or projects in which the
             partners of the Petitioner are interested, till the entire amount to
             be refunded along with the accrued interest thereon is
             exhausted;
             (c) The cost of this Petition be awarded to the Petitioner;
             and
             (d) Such other orders be passed & reliefs be granted in favour of
             Petitioner as this Hon'ble Court may deem fit, just, legal and
             proper.


3.     Considering the order that we propose to pass in this

proceedings no Court Notice is required to be issued to the

Respondents.

4.     Mr. Bhavin Gada, learned counsel for the Petitioner submits

that   the    Petitioner      has     deposited       an    excess     amount         of

Rs.2,03,98,170/- towards premium and other charges collected by

the Respondent - Corporation, along with interest thereon at the

rate of 12% per annum with effect from 27 th December 2021. This is

in light of the Maharashtra State Government Notification dated

14th    January         2021        and         the   MCGM         Circular         No.

Ch.E./DP/21546/Gen dated 5th March 2021.

5.     Learned Counsel for the Petitioner has prayed for a positive

direction to be issued to the Respondent-Corporation to refund the

said excess amount to the Petitioner. In support of the above


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submission, he has also placed reliance on the judgment of the

Hon'ble Supreme Court in Prasad Pandurang Tapkir and

another vs. The Assistant Director of Town Planning, Pune

District, Pune and others1, which we have noted.

6.      However, in the given facts before us, we except that, in the

event the Petitioner files a fresh Representation/Application, if not

so done already, before the Competent Authority within a period of

one week from the date of uploading of this order, the Competent

Authority shall consider and decide the same in accordance with

law. This upon taking into account the Government Notification

dated      14th      January           2021        and       the      MCGM       Circular        No.

Ch.E./DP/21546/Gen dated 5th March 2021. The Competent

Authority shall then pass a reasoned and speaking order, as

expeditiously as possible, preferably within a period of two months

thereafter.

7.      It is made clear that this Court has not expressed any opinion

on the merits of the matter.

8.      The Writ Petition stands Disposed Of accordingly.




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




1
. Special Leave Petition (Civil) No. 9666 of 2023 decided on 13th July 2026.


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