Bharat Kumar Dubey v. Municipal Corporation Of Greater Mumbai

16 WP 4247-25.DOC LAXMI SUBHASH SONTAKKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LAXMI SUBHASH SONTAKKE Date: 2025.11.14 11:37:06 +0530 WRIT PETITION NO. 4247 OF 2025 Bharat Kumar Dubey & Ors.

...Petitioners

Versus

Municipal Corporation of Greater Mumbai & Ors.

...Respondents

_______ Mr. Aman Shukla i/b. Kunal Maskar for Petitioners. Ms. Pushpa Yadav i/b. Komal Punjabi for Respondent BMC. Mr. Jagdish G. Aradwad (Reddy) for Respondent Nos. 4 and 5. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

12th NOVEMBER 2025 P.C.

1.

The impugned notice dated 3rd January 2024 issued by the Municipal Corporation which was a 15 days notice calling upon the Petitioner to vacate the premises.

2.

The learned Counsel for the Petitioner has fairly pointed out that the notice period has already expired, being more than 23 months at this stage, and that no fresh notice has been issued thereafter. Accordingly, the said notice has become infructuous.

3.

In the event any fresh notice is issued either by the BMCC or by the SRA to the Petitioner, the procedure known to law shall be undertaken for seeking eviction of the Petitioner. Further, if the Petitioner is entitled to any Permanent Alternate Accommodation (PAA), such claim shall be duly considered, and appropriate orders shall be passed, including after considering any reply filed by the Petitioner to such notice.

4.

All contentions of the parties in this regard are expressly kept open. 5.

The Petition is disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Laxmi