Julie Jerome Borges v. The Municipal Corporation For Greater Mumbai

Vina Khadpe 56.os.wp.4296.2025 Digitally signed by VINA ARVIND KHADPE Date:

2026.03.23 17:25:27 +0530 VINA ARVIND KHADPE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4296 OF 2025 Julie Jerome Borges & anr.

..Petitioners

Versus

The Municipal Corporation for Greater Mumbai & ors.

..Respondents __________ Mr. Omar Khaiyam Shaikh a/w Mr. Sohil Solvi, Mr. Shahzad Ansari and Mr. Manohar Shelar for the Petitioners.

Mr. Anoop Patil @ Ms. Smita Tondwalar for the Respondent - BMC __________ CORAM : M. S. KARNIK & S.M. MODAK, JJ.

DATE : 18th MARCH 2026 PC :

1.

Heard the learned counsel for the Petitioner. 2.

Pursuant to the filing of this Petition, the learned counsel for the Corporation has submitted that action for demolition was taken and the suit structure was demolished. An Affidavit to that effect is already filed. The cause for filing this Petition, therefore, does not survive.

3.

The leaned counsel for the Petitioner submitted that after the subject structure was demolished, the alleged violator has

Vina Khadpe 56.os.wp.4296.2025 again started unauthorized construction.

4.

If that is so, the Respondent Corporation to immediately take action against such unauthorized construction which they shall do in accordance with law including initiating penal action against the violator.

5.

In view of the above, the Petition is disposed of. 6.

Liberty to apply in case of difficulty.

(S.M. MODAK, J.) (M. S. KARNIK, J.)