Bombay High CourtWP/1464/2026disposed off

Anirudh Rajnath Yadav v. The Municipal Corporation Of Greater Mumbai And ANR

2026-04-02Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice S. M. Modak6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1464 OF 2026 SATISH RAMCHANDRA SANGAR Anirudh Rajnath Yadav, ] Age about 33 years, Occupation : Business, ] Having address at Room No.1, Ganpat Sahdeo ] Compound, Hanuman Nagar Road, Ketkipada, ] R. Joshi Road, Near Ganpati Mandir, Dahisar (East), ] Mumbai - 400 068.

]...Petitioner SATISH RAMCHANDRA SANGAR Date: 2026.04.02 18:43:09 +0530

Versus

The Municipal Corporation of Greater ] Mumbai, (A Body Corporate) constituted ] under the provisions of MCGM Act, ] Having its Head Office at Mahapalika ] Bhavan, Mahapalika Marg, Fort, ] Mumbai-400 001.

] At the instance of Assistant Commissioner, ] (Maintenance Department), R/North Ward, ] Municipal Office, Below Sangeetkar Sudhir ] Phadke Flyover, Over Bridge, Jaywant Sawant ] Marg, Dahisar (West), Mumbai-400068.

] Additional Collector and Competent Authority ] (Enc. & Rem.), Administrative Building, ] Bandra (East), Mumbai - 400 051.

]...Respondents ====================================================== ALONG WITH WRIT PETITION NO.1492 OF 2026 Kamlesh Rajnath Yadav, ] Age about 38 years, Occupation : Business, ] Having address at Room No.1, Ganpat Sahdeo ] Compound, Hanuman Nagar Road, Ketkipada, ] 1/6

R. Joshi Road, Near Ganpati Mandir, Dahisar (East), ] Mumbai - 400 068.

]...Petitioner

Versus

] Additional Collector and Competent Authority ] (Enc. & Rem.), Administrative Building, ] Bandra (East), Mumbai - 400 051.

]...Respondents ====================================================== Mr.Shubham S. Dubey i/b. Mr.Ashutosh Shukla, Advocate for Petitioners. Ms.Anjali Ghuge, Advocate for Respondent-MCGM in Writ Petition No.1464 of 2026.

Ms.Vaishali Ugale, Advocate for Respondent-MCGM in Writ Petition No.1492 of 2026.

======================================================

CORAM

M.S.KARNIK & S. M. MODAK, JJ.

DATE :

2nd APRIL 2026 P. C. :- Since the connected issues are involved in both these Writ Petitions, the same are disposed of by common order.

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WRIT PETITION NO.1464 OF 2026 Heard learned counsel for the Petitioner and learned counsel for Respondent-MCGM.

The Petitioner has challenged the order passed by the Municipal Corporation of Greater Mumbai ("MCGM") in declaring the Petitioner to be ineligible. The grievance of the learned counsel for the Petitioner is that though the Petitioner's name is included in Annexure-II, he is not held eligible. Learned counsel for the Petitioner submitted that against this order, the Appeal No.1284 of 2019 was filed before the Respondent No.2Additional Collector and Competent Authority (Enc.&Rem.). It is submitted that during the pendency of this Appeal, the Officers of the MCGM came to the suit premises sometime in May-2020 and without providing any opportunity to the Petitioner to retrieve his belongings, demolished the suit premises.

It is the grievance of the Petitioner that the Respondent No.1 has failed to consider the documents and hence the order declaring him ineligible is illegal. Learned counsel for the Petitioner submitted that the Appeal is still pending. However, it is his submission that considering the manner in which the Petitioner's premises have been demolished and 3/6

further the fact that he has ample evidence to demonstrate that the Petitioner must be regarded as an eligible occupant, this Court may grant appropriate relief to him.

We are not inclined to entertain the present Petition at this juncture as according to learned counsel for the Petitioner, the Appeal is still pending. All the questions raised in this Petition can well be raised before the Respondent No.2-Additional Collector and Competent Authority (Enc.&Rem.) in the pending Appeal. Considering that the Appeal was filed as far back as in the year 2019, we direct the Respondent No.2-Additional Collector and Competent Authority (Enc.&Rem.) to decide the Appeal expeditiously and in any event, within a period of 6 weeks from the date of communication of this order. The Petitioner shall appear before the Respondent No.2 along with copy of this order on 8th April 2026 at 11.00 a.m.

Annexure-II was prepared in the name of his mother but the Petitioner claims that he is a legal heir and hence, entitled to be declared as legal heir. This aspect to be considered by the Respondent No.2 when the Appeal is heard.

Keeping All contentions open, the Writ Petition is disposed of. 4/6

WRIT PETITION NO.1492 OF 2026 Heard learned counsel for the Petitioner and learned counsel for Respondent-MCGM.

The Petitioner has challenged the order passed by the Municipal Corporation of Greater Mumbai ("MCGM") declaring the Petitioner to be ineligible. The grievance of the learned counsel for the Petitioner is that though the Petitioner's name is included in Annexure-II, he is not held eligible. Learned counsel for the Petitioner submitted that against this order, the Appeal No.1284 of 2019 was filed before the Respondent No.2 - Additional Collector and Competent Authority (Enc.&Rem.). It is submitted that during the pendency of this Appeal, the Officers of the MCGM came to the suit premises sometime in May-2020 and without providing any opportunity to the Petitioner to retrieve his belongings, demolished the suit premises.

Petitioner must be regarded as an eligible occupant, this Court may grant appropriate relief to him.

Keeping All contentions open, the Writ Petition is disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) 6/6