Sanjay Sunderlal Soni v. The Municipal Commissioner Of Greater Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2941 OF 2025 Sanjay Sunderlal Soni And Ors.

...Petitioners

Versus

The Municipal Commissioner of Greater Mumbai And Ors.

...Respondents

__________ Mr. Surel Shah, Sr. Advocate a/w Mr. Tejas Deshmukh, Mr. J. K. Shah, Ms. Namrata Thakur i/b RJ Law, Advocates for the Petitioners. Mr. Amol Meshram, Designated Officer, C Ward a/w Mr. Navneet Jadhav, Assistant Engineer, C Ward are present in the Court. Ms. Vaishali Ugale i/b Ms. Komal Punjabi, Advocates for the Respondents-BMC.

__________ CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE :

22nd SEPTEMBER, 2025.

P.C. :

1.

After hearing the learned Advocate for the Petitioners and the learned Advocate for the Municipal Corporation, we find that the Municipal Corporation needs to put its house in order. The Petitioners tendered an Application on 23rd January, 2023 (actually dated 23.01.2024), addressed to the Assistant Engineer, Building and Factory (B/F), BMC, C Ward, Shrikant Palekar Road, Mumbai400 002. The said Application was duly accepted and an acknowledgment was granted to the Petitioners. The Municipal

Corporation received the said Application on 23rd January, 2024. The learned Advocate submits that the date on the letter should have been of '2024', wrongly printed as '2023'. 2.

The learned Advocate for the Bombay Municipal Corporation submits on instructions that the Application should have been filed online and should have been tendered to the Building Proposal (BP) Department, instead of to the BF. It is, however, conceded that neither were the Petitioners informed that the physical copy will not be accepted, nor were they told that they have to approach the BP Department and not the BF Department. Apparently, it appears to us that since the Petitioners have approached this Court, the Municipal Corporation has now woken up from their deep slumber.

3.

The Learned Advocate for the Petitioners submits on instructions that the same proposal would be tendered online to the BP Department within 15 days from today, so that there is no technical objection.

4.

In view of the above, by recording the said statement, this Petition is disposed off with a direction that after the Petitioners tender such proposal online, the Municipal Corporation

would decide the same within 45 days from the date of receipt. A reasoned order be passed and the same be communicated to the Petitioners via e-mail within 3 days of the passing of the order. 5.

All contentions of the parties are kept open including if any bar by law.

[ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.09.23 11:31:50 +0530 GITALAXMI KRISHNA KOTAWADEKAR