Leroy Hubert Dias v. Municipal Corporation Of Greater Mumbai Through Its Municipal Commissioner

15-WP-2265-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2265 OF 2025 by GAYATRI RAJENDRA SHIMPI Date:

2025.10.03 13:11:38 +0530 GAYATRI RAJENDRA SHIMPI Leroy Hubert Dias ... Petitioner

Versus

Municipal Corporation of Greater Mumbai Through Its Municipal Commissioner & Ors.

... Respondents WITH INTERIM APPLICATION (L) NO. 16975 OF 2025 IN WRIT PETITION NO. 2265 OF 2025 Omprakash Hanumanprasad Kumavat ... Applicant

Versus

Municipal Corporation of Greater Mumbai Through Its Municipal Commissioner & Ors.

... Respondents **** Mr. Sumit Kothari, Advocate for the Petitioner. Ms. K. H, Mastakar i/b Ms. Komal Punjabi, Advocates for Respondent Nos. 1 to 4 - BMC.

Mr. S. B. Gore, AGP for Respondent-State.

Mr. Rajesh S., Asst. Eng. (Bldg & Factory) Dept. P/North Ward-present in Court.

**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

30th SEPTEMBER, 2025 P.C. :

Gayatri Shimpi

15-WP-2265-2025.odt 1.

The learned Advocate for the Petitioner submits that an Application was moved to implead the Applicant as party Respondent and compliance/steps are being initiated.

2.

The learned Advocate for the Corporation submits on instructions that the steps initiated by the Corporation are in pursuance of the directions of the Trial Court.

3.

In view of the above, this Petition is disposed off. However, it is clarified that since the Petitioner's land is involved allegedly in an encroachment, by slum dwellers, if there are any disputes/issues, parties are at liberty to approach the Civil Court. If there are any proceedings already initiated before the Civil Court by any of the persons who have received notices from the Corporation, all contentions are kept open.

4.

Interim Application does not survive and stands disposed off.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Gayatri Shimpi