Dharmendra Jitendra Desai v. the Municipal Corporation of Greater Mumbai
Case brief
What is this about?
W.P. 1923/2024, Bombay High Court (OOCJ), decided 3rd April 2025; Coram A. S. Gadkari and Kamal Khata, JJ.; Petitioner Dharmendra Jitendra Desai represented by Muttahar Khan with Surabhi Agarwal i/b. Henna P. Shah; Respondents led by the Municipal Corporation of Gr. Mumbai (Resp. Nos.1–5: K.H. Mastakar i/b. Komal Punjabi; Resp. Nos.6 & 7: Ashok R. Pande). Subject matter: structure demolished by the Corporation pending the writ; prayers (a), (c), (d), (e) worked out; liberty granted to seek the property record from the competent Authority and to proceed under the Maharashtra Public Records Act, 2005 if record not maintained. Outcome: Petition partly allowed. No precedent cases cited; no monetary quantum involved.
What did the court decide?
Prayer clauses (a), (c), (d) and (e) were held to be worked out in view of the demolition of the structure by the Corporation during the pendency of the Petition; on prayer clause (b), the Petitioner was left at liberty to apply to the competent Authority of the Respondent-Corporation for the record of the concerned property and, if the necessary record is found not to be maintained by the concerned Officer, to take action under the Maharashtra Public Records Act, 2005. The Petition was partly allowed in these terms.