Shivanand Krishna Dalvi vs Mumbai Building Repairs… — Writ and Judicial Review | Bombay HC (2025)

Shivanand Krishna Dalvi vs Mumbai Building Repairs… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: all parties to be heard and appropriate decision taken by the concerned Officer on allotment of the flat to the appropriate person; inter se disputes may be relegated to a Civil Suit; MHADA to hear all parties on 15 October 2025 at 3.00 p.m.; all contentions kept open; no costs.

Issue for consideration

Whether the Petitioner is entitled to a writ of mandamus directing the Respondent to hand over possession of a room in the reconstructed building in lieu of Room No.76, 31 Badami Bohri Chawl, Gas Company Lane, Godrej Compound, Lalbaug, Mumbai 400 012. +1 more

Ratio / Principle

In light of the communication dated 30 December 2017 issued by the Deputy Chief Officer, Mumbai Building Reconstruction Board, all parties are to be heard and an appropriate decision taken by the concerned Officer in regard to the allotment of the flat to the appropriate person.

Key takeaways

If there is an inter se dispute, the Officer is entitled to pass an appropriate order relegating the parties to file a Civil Suit; in such civil suit proceedings, any order obtained by any one of the siblings is to be considered to put the appropriate person in possession as the Court may order.ratio¶21
MHADA is directed to hear all the parties on 15 October 2025 at 3.00 p.m. and pass appropriate orders.ratio¶22
All contentions in regard to the allotment are expressly kept open.ratio

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 2765 of 2025, decided 24 September 2025 (G. S. Kulkarni & Aarti Sathe, JJ.). Shivanand Krishna Dalvi v. Mumbai Building Repairs and Reconstruction Board. Petition under Article 226 of the Constitution of India sought a writ of mandamus directing the Respondent to hand over possession of a room in the reconstructed building in lieu of Room No.76, 31 Badami Bohri Chawl, Gas Company Lane, Godrej Compound, Lalbaug, Mumbai 400 012. The Court recorded an inter se dispute between the Petitioner and his sister and brother (not parties to the Petition), whereby rival claims to the permanent alternate accommodation would be considered. In light of the communication dated 30 December 2017 issued by the Deputy Chief Officer, Mumbai Building Reconstruction Board, the Court directed that all parties be heard and an appropriate decision be taken by the concerned Officer on the allotment of the flat to the appropriate person; where there is an inter se dispute, the Officer may relegate the parties to a Civil Suit, in which any order obtained by a sibling would be considered to put the appropriate person in possession as the Court may order; all contentions expressly kept open. MHADA was directed to hear all parties on 15 October 2025 at 3.00 p.m. and pass appropriate orders. Petition disposed of; no costs.

8-WP-2765025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 2765 OF 2025

Shivanand Krishna Dalvi ...Petitioner Versus Mumbai Building Repairs And Reconstruction Board ...Respondent

Mr. Gauraj Shah i/b. Ms. Sneha Nagaonkar, for Petitioner.

Ms. Sayali Apte i/b. Mr. P.G.Lad, for Respondent/MHADA.

CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 24^th September 2025

P.C.

This Petition under Article 226 of the Constitution of India, has been

filed praying for following substantive reliefs:

a) This Hon'ble Court be pleased to issue writ of mandamus, or any other writ, direction in the nature of mandamus thereby directing the Respondent to forthwith hand over to the Petitioner, the possession of a Room in reconstructed building in lieu of Room No.76, 31 Badami Bohri Chawl, Gas Company Lane, Godrej Compound, Lalbaug, Mumbai 400 012

(b) This Petition be finally allowed with costs;

(c) Cost of this Petition be provided for.

(d) Such other just, proper and equitable order in the facts and circumstances of the case be kindly passed in favour of the Petitioner;

It appears that there is a dispute between the Petitioner, his sister and

brother. However they are not parties to this Petition. In such context in regard to

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8-WP-2765025.DOC

the allotment of permanent alternate accommodation, rival claims, either of the Petitioner or his siblings will be taken into consideration. In the light of communication dated 30 December 2017, issued by the Deputy Chief Officer, Mumbai Building Reconstruction Board, we direct that all the parties be heard and appropriate decision be taken by the concerned Officer in regard to the allotment of the flat to the appropriate person. Needless to observe that if there is an inter se dispute, the officer is entitled to pass an appropriate order, thereby relegating the parties to file a Civil Suit. In the proceedings of such a civil suit, any order obtained by any one of the siblings be considered to put the appropriate person in possession as the Court may order. All contentions in that regard are expressly kept open.

We direct MHADA to hear all the parties on 15^th October 2025, at 3.00p.m. and pass appropriate orders.

Petition is disposed of in aforesaid terms.

No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.)

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