Shree Nidhi Developers Thr Partner And ANR v. Mira Bhayandar Municipal Corporation Thr Commissioner And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2026.02.23 12:21:36 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.135 OF 2026 1.

M/s. Shree Nidhi Developers A registered partnership firm, Having address at 101, Ram Niwas, F-Wing, Pathanwadi, Malad (East), Mumbai - 400 097 Through partner, Mr. Sanjay Gediya 2.

Mr. Sanjay Gediya Age - 45, Occ - Business Address - 101, Ram Niwas, F-Wing, Pathanwadi, Malad (East), Mumbai - 400 097 ....Petitioners

Versus

1.

Mira Bhayandar Municipal Corporation Through Commissioner/Administrator, Head Office, Chhatrapati Shivaji Maharaj Road, Bhayandar (West), Taluka and District - Thane - 401 101 2.

Chief Fire Officer, Mira Bhayandar Municipal Corporation 3.

State of Maharashtra Through Ministry of Urban Development Mantralaya, Mumbai ....Respondents ---- Mr. Ashutosh Gole for the Petitioner.

Mr. Mayuresh Lagu a/w. Mr. Sagar Patil for Respondent Nos.1 and 2.

Mr. Aditya R. Deolekar, AGP for Respondent No.3. ----

CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 20th FEBRUARY, 2026 ORAL JUDGMENT (PER : RAVINDRA V. GHUGE, J.) 1.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2.

The Petitioners have pressed prayer clause (c), which reads as under :

(c) In the alternative to prayer clause (a), the Respondent Nos.1 and 2 be directed to consider and decide applications dated 13/12/2024 and 16/07/2025 expeditiously and in any case within one month from the date of order, after granting reasonable opportunity of hearing to the Petitioners and without being influenced by the grounds raised by the Respondent Nos.1 and 2 in notices dated 09/06/2025 and 16/06/2025.

3.

The learned Advocate for the Corporation has graciously appeared on Advocate's notice and submits that the two applications mentioned in prayer clause (c) would be considered along with the show cause notices issued to the Petitioner. A reasonable opportunity of hearing would be granted to the Petitioners and thereafter, a reasoned order would be passed.

4.

The learned Advocate for the Petitioners submits that the Petitioners' RERA registration, extended on 10th September, 2025, would be expiring on 31st March, 2026.

5.

We are cautious of the fact that if a proper hearing is to be granted to the Petitioners and if the due process of law is to be followed, we cannot direct the Corporation to pass an order in haste. 6.

In light of the above, we are passing the following order :

(a) This Petition is disposed off.

(b) The Petitioners shall appear before Respondent No.1 on 5th March, 2026 at 11.30 a.m. (c) Written notes of submissions in support of the two applications would be filed.

(d) Written explanation shall be tendered to the notices dated 9th June, 2025 and 16th June, 2025 simultaneously.

(e) The Corporation is at liberty to conduct the hearing on the two show cause notices by considering the claims of all the stakeholders on the basis of which the show cause notices were issued.

(f) Needless to state, disputes as regards title should not be gone into by the Corporation.

(g) Legal assistance is granted.

(h) After the hearing is concluded on the said date or on any other adjourned date on which Respondent No.1 posts the matter for hearing, the matter would be closed for passing an order.

(i) Let a reasoned order be passed on or before 15th May, 2026.

(j) The reasoned order be communicated to the Petitioners on their following email address / WhatsApp number :

Email ID : shreenidhiheights@gmail.com WhatsApp No.:9833416009 (k) If any adverse order is passed, the same shall not be implemented upto 31st May, 2026.

(l) Consequentially, the RERA registration, which is already extended upto 31st March, 2026, would stand extended until 15th June, 2026.

7.

Rule is discharged.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)