Diamond Bakery A Partnership Firm v. The Municipal Commission

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2026.02.20 20:50:44 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 323 OF 2026 Diamond Bakery & Ors.

... Petitioners vs.

The Municipal Commissioner, Municipal Corporation of Greater Mumbai & Anr. ... Respondents ...

Mr.Piyush N. Shah with Mr.Aditya V. Tayade for the Petitioners. Ms.Vaishali Ugale for the Respondent / Municipal Corporation. Mr.Sandesh Kamble, Junior Engineer (Building and Factory) N Ward is present.

...

CORAM :

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

DATE : FEBRUARY 20, 2026 P.C:

1.

Not on board. On mentioning, taken on the production board. 2.

The learned Advocate for the Petitioners mentioned the matter at 11:00 a.m. and expressed grave urgency. He submitted that the writ premises pertain to a bakery business and that the Municipal Corporation is demolishing the premises.

3.

We have heard the learned Advocates for the respective sides. After we kept this matter on the production board, the Municipal ...1

Corporation has assigned reasons for justifying the commencement of the demolition.

4.

The Petitioners, who were earmarked alternate premises for operating the bakery business, had been choosy and were negotiating whether the premises should be on the first floor or the ground floor. They spent time on such activities and have today finally approached the Municipal Corporation to make the requisite payment towards stallage charges. The amount is being paid, and the handing over of the keys to the Petitioners is being processed.

5.

The learned Advocate for the Municipal Corporation submits, on instructions from Mr. Sandesh Kamble, Junior Engineer (Building and Factory), N Ward, who is present in the Court Hall, that the Petitioner's file would be processed tomorrow between 8:00 a.m. and 12:00 noon, considering that tomorrow is the third Saturday. The allotment would be done tomorrow, and the keys would be handed over on Monday. The ground floor has been allotted, and the Petitioners are satisfied. 6.

The Petitioners have a small grievance as regards the area granted to them and they submit that they would deal with the said ...2

grievance by adopting the procedure as may be permissible in law. 7.

In view of the above statements, this Writ Petition is disposed off.

8.

List this disposed off Petition on 06.03.2026 for recording compliance.

9.

Needless to state, the demolition of the remaining portion, with the consent of the Petitioners, is permitted. (ABHAY J.MANTRI, J.) (RAVINDRA V. GHUGE, J.) ...3