Crestline Developer Llp., v. The Commissioner, Municipal Corporation Of Greater Mumbai

by SUNNY ANKUSHRAO THOTE Date:

2026.01.19 20:34:27 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SUNNY ANKUSHRAO THOTE ORDINARY ORIGINAL CIVIL JURISDICTION

(9) WRIT PETITION NO. 4795 OF 2025 Crestline Developer LLP.

....Petitioner

Versus

The Commissioner, Municipal Corporation of Greater Mumbai & Ors.

....Respondents AND

(37) WRIT PETITION (L) NO. 38451 OF 2025 Deepika Jitendra Bhaskar ....Petitioner

Versus

Municipal Corporation of Greater Mumbai & Ors.

....Respondents Mr. Sanjiv Sawant a/w Mr. Karl Tamboly, Mr. Adil P., Mr. Samir Suryawanshi, Mr. P. Kode, Advocate for the Petitioner in WP/4795/2025.

Mr. Anoop Patil a/w Ms. Vaishali Ugale, Advocate for Respondent Nos.1 to 4/BMC in WP/4795/2025.

Mr. Mayur Khandeparkar a/w Mr. Mangirish Saraf i/by LJ Law, Advocate for Respondent No.5 in WP/4795/2025 & Respondent No.2 in WP(L)/38451/2025.

Mr. Prashant Kamble, AGP for Respondent Nos.7 & 8 in WP/4795/2025.

Dr. Suman Bhardwaj (Thr. V.C.) a/w Ms. Archana Gaikwad i/by Mr. Harshal Khavale, Advocate for the Petitioner in WP(L)/38451/2025. Ms. Vaishali Ugale, Advocate for Respondent Nos.1/BMC in WP(L)/38451/2025.

Mr. Ashish Mehta a/w Mr. Rajendra Mishra, Advocate for Respondent No.4 in WP(L)/38451/2025.

Ms. Gaurangi Patil, AGP for the Respondent/State in WP(L)/38451/2025.

Mr. Pritiviraj Chauhan, Assistant Commissioner (Estate), is present. Mr. Santosh Nachanekar, Head Clerk (Estate), is present. CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 19th JANUARY, 2026 P.C. :- 1.

We have considered the strenuous submissions of the learned Advocates for the Petitioner/Crestline Developer LLP, the Municipal Corporation of Greater Mumbai, the Respondent No.5 Atmiya Future Venture Pvt. Ltd., Respondent No.6/Sant Rohidas Co-op. Housing Society Ltd., and the learned AGP on behalf of Respondent Nos.7 and 8/State Authorities. The Petitioner in the Second Petition is a stand alone tenant of the same Chawl. 2.

Since the oral submissions of the learned Advocates have concluded, for better assistance, we requested the learned Advocates for the two Developers and the Society to submit their recordable written submissions along with case law with proper index and pagination. The learned Advocate for the Corporation to

tender a short affidavit indicating the number of consent documents registered, from amongst the 154 tenants of the Chawl submitted by Respondent No.5, as on the date of the passing of the impugned order, as well as, today, 19th January, 2026. Let photostat copies of the such Registered Consent be kept ready in the Court, if at all the Court desires to have a look at them.

3.

We are listing these matters by consent of the parties on 23rd January, 2026, in the 'Urgent Supplementary Board', only to receive the affidavit of the Corporation and the recordable written submissions of the parties. For clarity, the Corporation would serve a copy of its affidavit to the respective litigating parties in these matters on 21st January, 2026 in order to enable them to note the contents of the affidavit.

4.

It be noted that on 23rd January, 2026, we would be receiving the notes of submissions, case law, affidavit of the Corporation and by consent close the matter for delivering Judgment.

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