Munna Bismilla Shaikh Alias Muktar ... vs Municipal Corporation Of Greater ...
2026 Latest Caselaw 5454 Bom

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

13 WPL-17915-26.doc Dixit

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

13 WPL-17915-26.doc Dixit