Allwyn Dacosta v. The Brihanmumbai Municipal Corporation Th. Its Municipal Commissioner

Digitally signed by GAURI AMIT GAEKWAD Date:

2026.06.15 11:29:09 +0530 GAURI AMIT GAEKWAD 28.WP-2530-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2530 OF 2026 Allwyn DaCosta ....Petitioner

Versus

The Brihanmumbai Municipal Corporation and Ors.

....Respondents ---- Mr. Floyd Gracias a/w. Mr. Jay Kadam for the Petitioner. Ms. Smita Tondwalkar for the Respondent, the BMC. Mr. Prateek K. a/w. Mr. Rishabh Agarwal, Mr. Pratiksh Udeshi, Mr. Sarvesh Agarwal and Mr. Shailesh Korpe i/b. Cygnus Legal for Respondent No.4.

---- CORAM : RAVINDRA V. GHUGE, ACJ.

& GAUTAM A. ANKHAD, J.

DATE : 12th JUNE, 2026 P.C. :- 1.

We have heard the learned Advocate for the Petitioner for some time. The prayers put forth are with regard to the obstruction of light and fresh air to the Petitioner's property on account of the construction undertaken by a private Respondent No.4. The Petitioner can surely approach the Civil Court. 2.

The learned Advocate for the Petitioner submits, on instructions from the Petitioner, who is present in the Court hall, that Gauri Gaekwad

28.WP-2530-2026.odt the Petitioner desires to withdraw this Petition and approach the Civil Court as against the private Respondents with regard to the encroachment/illegal construction and obstruction of light and fresh air to the Petitioner's property.

3.

In view of the above, this Petition is disposed off as withdrawn, on instructions.

4.

If the Petitioner approaches the Civil Court, all contentions of the stakeholders are kept open and the withdrawal of this Petition would not be an impediment.

(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE) Gauri Gaekwad