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Bombay High Court
Kashyap Chandulal Shah And Anr vs The Municipal Corporation Of Greater ... on 26 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-AS:9835
P6. AOST-5476-2026.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST) NO. 5476 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 5477 OF 2026
Kashyap Chandulal Shah & Anr. Appellants
.. (Org. Plaintiffs)
Versus
The Municipal Corporation of Greater Mumbai Respondent
.. (Org. Defendant)
....................
Mr. Dhananjay R. Singh i/by Mr. Sancchit M. Singh, Advocates for
Appellants
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 26, 2026
P. C.:
1. Not on board. Mentioned by way of filing a praecipe dated
26.02.2026.
2. Heard Mr. Singh, learned Advocate for Appellants - Org.
Plaintiffs.
3. Plaintiffs have received a statutory notice dated 25.11.2025
(appended at page Nos. 79-80 of the Appeal from Order), inter alia,
alleging that Plaintiffs have carried out unauthorized construction.
Notice is given under Section 53(1) r/w Section 52(1)(b) of the
Maharashtra Regional and Town Planning Act, 1966. As usual said
notice is once again a standard notice which does not specifically point
out unauthorized construction. What is intriguing is the fact that there
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is mention of certain unauthorized constructions i.e. covering the
terrace which is alleged to be unauthorized and unauthorized
conversion of part living room into kitchen, kitchen into living room
and bedroom into dining room. Plan undoubtedly is very old rather
much prior to the datum line itself. Since inception of construction,
Suit flat is situated on the third floor of an ownership building in Juhu.
An elaborate reply has been given by Plaintiffs which is appended at
pg. Nos. 81-98 of the Appeal from Order. Mr. Singh has drawn my
attention to the same.
4. Plaintiffs have referred to the BMC approved sanctioned plan as
far back as in 1988 details of which are given along with Occupation
Certificate and Building Completion Certificate. He has also referred
to tenancy agreement by virtue of which Plaintiffs were inducted in
the subject premises. Mr. Singh has drawn my attention to the various
clauses in the agreement which prima facie preclude and prohibit the
Plaintiffs from carrying out any construction much less the
construction which is alleged to be unauthorized in the subject
premises. Grounds which are stated in the reply have not at all been
considered while passing the impugned order which is an ad-interim
order. What is stated therein is that as no justification is seen in the
pleadings about nullity of impugned notice. However since the
impugned order is sans reasons, it does not stand to scrutiny. Needless
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to state that this Court has not expressed any imprimatur on the merits
of Plaintiff's case at all and that will be the discretion of the learned
Trial Court as and when it decides Notice of Motion.
5. Hence Corporation is directed not to take any coercive steps in
furtherance of the impugned order dated 20.02.2026 in the
meanwhile.
6. Learned Trial Court is requested by this Court to hear the Notice
of Motion finally which was filed as draft Notice of Motion after
numbering the same and after pleadings are completed by the parties
therein and considering the reply dated 25.12.2025 along with all
documentary evidence appended thereto in accordance with law and
pass a reasoned speaking order.
7. All contentions of Plaintiffs and Corporation are expressly kept
open.
8. No purpose will be served by issuing notice and keeping the
present Appeal from Order pending in this Court in view of the
aforesaid observations and findings.
9. Appeal from Order is allowed and disposed in the above terms.
Pending Interim Application is also disposed.
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10. All Parties to act on a sever copy of this order downloaded from
the Bombay High Court website.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN Date:
AMBERKAR 2026.02.26
14:57:27
+0530
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