M/S. MEHTA AND CO. THR. ITS PARTNER MR. ADARSH VARMA vs THE MUNICIPAL CORPORATION OF GREATER MUMBAI THR. THE MUNICIPAL COMMISSIONER AND ANOTHER

Judgment text excerpt

901-AO-638-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY rrpillai CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 638 OF 2024 WITH INTERIM APPLICATION NO. 12380 OF 2024 M/s. Mehta & Co. through its Partner and authorized representative Mr. Adarsh Varma Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI Having its registered office at PILLAI Date: 2025.04.08 08:23:14 +0200 Ground Floor, Plot No. 117/126, … Appellant St. Xaviers Street, Near Tata Hospital (Original Plaintiff) Parel, Mumbai – 400 012 Vs. 1. The Municipal Corporation of Greater Mumbai through the Municipal Commissioner, Having its Office at Mahapalika Marg, Fort Mumbai-400 001 2. The Assistant Commissioner (Estate) … Respondents F-South Ward, MCGM (Original Defendants) Parel, Mumbai-400012 Mr. Kunal Bhanage and Ms. Priyanka Acharya i/b. Mr. Akshay Pawar for the Appellant/Applicant. Mr. Chaitnya Chavan a/w. Mr. Amol Diwte and Mr. Om Suryavanshi i/b. Ms. Komal Punjabi for BMC for the Respondent-BMC. Mr. Mahesh Patil, Assistant Commissioner Shri Subhash Sambre, Senior Estate Inspector. Mr. Tukaram Ide, Estate Inspector. 1/36 901-AO-638-2024.docx CORAM : GAURI GODSE, J. DATE : 4th APRIL 2025 ORAL JUDGMENT : 1. This is an absolutely unfortunate case where the plaintiff’s structure is high-handedly and illegally demolished by the officers of the Municipal Corporation of Greater Mumbai (“corporation”) under the garb of implementation of the redevelopment scheme under Regulation 33(9) of Development Control and Promotion Regulation 2034 (“DCPR 2034”). The plaintiff was occupying the demolished structure for the purpose of providing charitable services of food and shelter to the poor and needy cancer patients receiving treatment for cancer from the Tata Memorial Hospital. The plaintiff’s structu