Mrs Shamim Bhayani KarwaversusBrihanmumbai Municipal Corporation,

                                                                                    (12)-WP-4530-26.doc

       PANCHAL

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

                                     WRIT PETITION NO. 4530 OF 2026
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                       Mrs. Shamim Bhayani Karwa                  ...Petitioner
PANCHAL   Date:
          2026.09.30
          10:33:06
                            Versus
          +0530

                       Brihanmumbai Municipal Corporation & Ors. ...Respondents
                                                          ...
                       Mr. Onkar Dhakal a/w Mr. Shashwat Nehete i/by Ms. Khyati
                       Shah, for the Petitioner.

                       Ms. K. H. Mastakar, for the Respondent-BMC.

                       Mr. Mohit P. Jadhav, Addl. GP for the Respondent No.4-State.
                                                    ...

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

                                       DATE : 29th SEPTEMBER, 2026.

                       P.C.:
                       1.         The instant Writ Petition has been filed, inter-alia,
                       praying for the following substantive reliefs :-

                                  “(b) Direct the respondent No.1 to 4 to proceed with
                                  complaint dated 03/02/2026 (EXHIBIT-E), said notice
                                  dated 20/03/2026 (EXHIBIT-F) and further notice
                                  dated 06/04/2026 (EXHIBIT-H) and complaint dated
                                  15/04/2026 (EXHIBIT-L) and dated 20/05/2026
                                  (EXHIBIT-M) in time bound manner to take it to logical
                                  ends for demolition of illegal construction as per law and
                                  file compliance report before this Hon’ble Court;”

                       2.         We have heard the learned Counsel appearing for
                       the Petitioner and the learned Counsel appearing for the
                       Respondents. In view of the order that we propose to pass
                       today, we are not inclined to issue notice to the Respondents



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or keep the matter pending. Petitioner shall provide a copy of
this Petition to the learned Counsel for the Respondents.


3.         The grievance raised by the Petitioner vide the
instant    Petition    pertains     to   the    alleged   unauthorised
alterations    and    structural    changes     carried    out     by    the
Respondent No.5. It is submitted that the Respondent-BMC
has issued a show-cause notice to the Respondent No.5 on 20 th
March, 2026 under Section 351(1A) of the Mumbai Municipal
Corporation Act, 1888.


4.         Learned Counsel for the Petitioner confines the
reliefs claimed in this Petition to the complaints dated 3 rd
February, 2026, 15th April, 2026 and 20th May, 2026 and the
show-cause notice dated 20th March, 2026.


5.         Considering the facts and circumstances of the case,
we are not inclined to go into the merits of the aforesaid
complaints and the show-cause notice. Since the Municipal
Corporation has taken cognizance of the matter by issuing the
show-cause notice dated 20th March, 2026 under Section
351(1A) of the Mumbai Municipal Corporation Act, 1888, we
expect the proceedings qua the said show-cause notice to be
finalized as expeditiously as possible, preferably within a
period of three months from the date of production of this
Order     by   the    Petitioner,   certainly    after    giving    ample
opportunity of hearing to all stakeholders.




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6.        With the aforesaid directions, Writ Petition is
Disposed Of, without adverting on merits of the matter.




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




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