Faiyyaz Mullaji v. the Brihanmumbai Mahanagar Palika
Case brief
What is this about?
Bombay High Court PIL disposed at admission stage with consent; allegedly illegal/unauthorised construction without development permission on New Survey No. 1379, C-Ward, Mumbai; Brihanmumbai Mahanagar Palika / MCGM inaction; Article 226 writ jurisdiction cannot decide disputed questions of fact (encroachment, conformity with sanctioned plans); directions to Assistant Municipal Commissioner, C Ward to hold inquiry with notice and hearing and act per law if permissions absent; reference to Suo-Moto PIL No. 1 of 2020; statutes mentioned: Mumbai Municipal Corporations Act, 1988, Indian Penal Code; no opinion on merits; bench Alok Aradhe, CJ. and Sandeep V. Marne, J.; dated 4 July 2025.
What did the court decide?
Public Interest Litigation disposed of with directions: the Assistant Municipal Commissioner, C Ward to ascertain, after notice and opportunity of hearing to the Petitioner, Respondent Nos. 3 and 4 (and interested occupants), whether the said building was constructed with due permissions, and if constructed without requisite permissions, to take action in accordance with law; aggrieved persons left free to pursue available legal remedies; no opinion expressed on merits.