Chandrashekher Champalal Hingarh v. State Of Maharashtra Thru Government Pleader

LSP 1 5 wp 1453.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1453 of 2026 Chandrashekher Champalal Hingarh ...

Petitioner V/s.

State of Maharashtra and anr.

...

Respondents.

Mr. Shishir Joshi a/w. Priti Shukla i/b. Priti Joshi for the petitioner. Ms. Anjali Ghuge for respondent No.2 - BMC.

Mrs. Anupama Pawar, AGP for the State.

CORAM : M.S. KARNIK & S.M. MODAK, JJ.

DATE : 30th March 2026.

P.C. :

1. Heard learned counsel for the petitioner. 2.

We have perused the petition. A proposal for development on plot bearing CTS No.250 of village Vile Parle, JVPD Scheme, N S Road No.1, Vile Parle West, Mumbai was made by the petitioner to the Executive Engineer, Building Proposal, K/W Ward, B.M.C. 3.

Learned counsel for the petitioner submitted that such by LATA SUNIL PANJWANI Date:

2026.03.30 19:46:56 +0530 LATA SUNIL PANJWANI proposal is pending decision since its date of submission from 14th

LSP 2 5 wp 1453.26.doc April 2025. Learned counsel relied upon the decision of this Court in Nadeem Abdul Sattar Lakdawala v/s. The Municipal Corporation of Greater Mumbai and others in Writ Petition (L) No.1211 of 2019 to support the proposition that the Municipal Corporation had no power to take cognizance of any private dispute and stall the construction activity.

4.

Learned counsel for the Corporation opposed the petition. In the first instance the Corporation has not yet take decision on the proposal dated 14th April 2025 which is on Page-96. Secondly, the decision relied upon by the learned counsel for the petitioner can be placed for consideration before the Executive Engineer who has to take a decision on the proposal.

5.

Considering that the proposal was made on 14th April 2025, we direct the Executive Engineer, Building Proposal, K/W Ward, B.M.C. to take a decision on the proposal within a period of 6 weeks from the date of communication of this order. If there are any defects in the proposal, the same may be communicated to the petitioner within a period of two weeks from the date of communication of the order.

6.

The petitioner to comply with such deficiencies within two weeks from the receipt of notice. The petitioner may place the decision in Nadeem Abdul Sattar Lakdawala v/s. The Municipal Corporation of Greater Mumbai and others in Writ Petition(L) No.1211 of 2019 for the consideration of the Executive Engineer.

LSP 3 5 wp 1453.26.doc The proposal to be considered on its own merits and in accordance with law.

7.

The Writ Petition is disposed of.

(S.M.MODAK,J.) (M.S.KARNIK, J.)