Green Twing Estae Management Private Limited v. Brihanmumbai Municipal Corporation

by GAURI AMIT GAEKWAD Date:

2026.02.11 19:19:52 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4546 OF 2025 Green Twing Estate Management Pvt. Ltd. & Ors. ....Petitioners

Versus

Brihanmumbai Municipal Corporation and Anr.

....Respondents ---- Mr. Vikramjeet Garewal a/w. Mr. Chaitanya Sharma i/b. Ms. Rashmi Pendse for the Petitioners.

Ms. Madhavi Nalluri a/w. Ms. Vaishali Ugale for the Respondent - BMC.

Mr. Sandeep Gite, Sub-Engineer, Band F, 'A' Ward present. ---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 9th FEBRUARY, 2026 P.C. :- 1.

We had passed a detailed order on 24th December, 2025. This Petition was listed on 30th January, 2026 for recording stagewise compliance. Since we noticed that Mr. Jaydeep More, Assistant Commissioner, Designated Officer, 'A' Ward, Municipal Corporation of Greater Mumbai, had not obeyed the earlier order of this Court dated 23rd December, 2025, we directed the Corporation to initiate appropriate action against the said officer for his failure to discharge his duties. In the interregnum, we directed the Corporation to comply with the decision taken vide order dated 10th August, 2024.

2.

Today, the matter was listed for recording compliance since the matter was not called out on 30th January, 2026. The learned Advocate Ms. Ugale, appearing for the Corporation, produced the original file before us. She had prepared a report for transmission of the order dated 24th December, 2025 on 26th December, 2025. On 30th December, 2025, the file was dispatched to the Deputy Municipal Commissioner (Zone-I), Mrs. Chanda Jadhav, who merely signed the order on 8th January, 2026 (9 days later). Thereafter, the file reached the Additional Municipal Commissioner (City) Dr. Ashwini Joshi, who signed the same on 27th January, 2026 (19 days later). The Municipal Commissioner has promptly passed an order on 28th January, 2026 directing issuance of a show cause notice.

3.

We appreciate the expediency shown by Mr. Bhushan Gagrani, the Municipal Commissioner, and Ms. Ugale, the learned Advocate. However, we find that the matter was delayed on account of delayed action at the desks of the Deputy Municipal Commissioner (Zone-I) and the Additional Municipal Commissioner (City). The show cause notice to the concerned

officer was issued on 30th January, 2026, when this Petition was listed for compliance.

4.

We called upon Ms. Nalluri, the learned Advocate for the Corporation, as to whether we should initiate Contempt of Court proceedings against the Deputy Municipal Commissioner (Zone-I) and the Additional Municipal Commissioner (City). The request was that they would tender an apology. We, therefore, asked the learned Advocate whether we should impose costs, to which it was submitted that instructions will have to be taken. 5.

We have recorded in our order dated 23rd December, 2025 that Municipal Corporations are taking the orders of the High Court casually and are not initiating action. In this case, the learned Single Judge had noted that the Corporation had initiated action. Due to inaction on the part of the Corporation in taking the action to a logical end, the Petitioners had to approach this Court by filing this Petition. The same Corporation, within a span of six months, has over-looked the orders of both, the learned Single Judge as well as the Division Bench.

6.

In order to ensure that the message goes out loud and clear to the Corporation that the orders of every Court should be acted upon with promptitude, we are imposing costs of Rs.11/- (Rs. Eleven only), to be paid by Mrs. Chanda Jadhav, Deputy Municipal Commissioner (Zone-I), and by Dr. Ashwini Joshi, Additional Municipal Commissioner (City), from their respective salary accounts. The said amounts shall be deposited with the Kirtikar Law Library within two days from today, since the order has been dictated in open Court.

7.

Since compliance of the order is still not complete, list this disposed off Petition for 'recording compliance' on 6th March, 2026.

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