Ramniklal Dhanji Chhadva v. The Municipal Corporation Of Greater Mumbai Th. Municipal Commissioner

Osk 41-Wp-2148-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2148 OF 2024 WITH INTERIM APPLICATION (L.) NO. 5337 OF 2025 Ramniklal Dhanji Chhadva ... Petitioner V/s.

The Municipal Corporation Of Gr. Mumbai & Ors. ... Respondents _______________________________________ Mr. Karl Tamboly a/w. Mr. Atharva Salvi i/b. Ms. Priti Purandare for Petitioner.

Mr. Joel Carlos a/w. Ms. Meena Dhuri i/b. Ms. Komal Punjabi for Respondents-BMC.

Mr. Avinash Sirsat, Head Clerk (Lease-4), Estate Dept., present. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 3rd April 2025.

P.C. :

1) Admittedly the road in dispute as stated in the impugned Resolution No. 412 dated 12th July 2023 is owned by the Corporation. Except having easementary right to use the said road, the Petitioner has no legal right to object the declaration of the said road as Pipe Road or as a Public Road, for the benefit of public at large. 2) According to us, the Petitioner has no locus to question the said Resolution. The Petitioner has already developed his plot of land bearing No. 1/2

Osk 41-Wp-2148-2024.doc 602B, which has been given to him on lease by the Corporation, i.e. the owner of the said plot.

3) According to us, present Petition is thoroughly misconceived and is dismissed in limine.

4) In view of dismissal of Petition, Interim Application (L.) No. 5337 of 2025 does not survive and is also disposed off. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.04.08 16:26:04 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2