Bombay High Court
Munna Bismilla Shaikh Alias Muktar ... vs Municipal Corporation Of Greater ... on 22 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 17915 OF 2026
Munna Bismilla Shaikh
alias Muktar Bismilla Shaikh .. Petitioner
Vs.
Municipal Corporation of Greater
Mumbai and Others .. Respondents
Adv. Bushra Sayed with Aakash Bhogil i/b Adv. Rohan Surve for the
Petitioner.
Adv. Anjali Ghuge, for Respondent no.1.
Adv. Vikrant Parshurami, AGP for Respondent nos. 2 and 5.
Adv. Rutuja Shedge i/b Adv, Ravleen Sabharwal, for Respondent no.4.
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 22nd MAY 2026
[ VACATION COURT ]
P.C. :
1. A preliminary objection is taken on maintainability of the Petition on behalf of Respondent Nos.1, 2 and 5. It is contended that there is an effective alternative statutory remedy of appeal to the Petitioners under Section 50(5) of the Maharashtra Land Revenue Code, 1966 ("MLRC") against the impugned order dated 18th May 2026.
2. Ms. Bushra Sayed, learned counsel appearing for the Petitioners submits that the alternative statutory remedy is not available since the disputed structures fall under the provisions of the Maharashtra Slum 1/2 13 WPL-17915-26.doc Dixit ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:38 ::: Areas (Improvement, Clearance and Redevelopment) Act 1971.
3. We have perused the impugned order dated 18th May 2026 passed under Section 50(3) of the MLRC directing the Petitioners to remove the unauthorized structures within 48 hours. In our view, there is an effective statutory remedy available to the Petitioners under Section 50(5) of the MLRC. The Petitioners are at liberty to adopt such proceedings as may be available in law.
4. List the matter on 15th June 2026.
[ SANDESH D. PATIL, J.] [GAUTAM A. ANKHAD, J.] BHARAT DASHARATH PANDIT Digitally signed by BHARAT DASHARATH PANDIT Date: 2026.05.22 22:24:10 +0530 2/2 13 WPL-17915-26.doc Dixit ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:31:38 :::