Atish Anand Vaity v. Brihanmumbai Municipal Corporation through Commissioner
Case brief
What is this about?
Bombay High Court writ petition 4069/2025 (decided 18.11.2025, Ghuge & Bhobe JJ.): BMC encroachment removal and road-widening dispute at Mandala Village, Anushakti Nagar; 50 ft. wide road sanctioned/donated by Department of Atomic Energy (NOC 3.2.2016) but only 30 ft. road laid; Section 351 MMC Act, 1988 notices (2010-11 and 21.3.2023); 192 trees felled; petitioner complaints 22.12.2021; directions to follow due procedure with State police protection; 180-day completion timeline (90 days for encroachment removal); disposed off with compliance hearing listed for 12th June, 2026.
What did the court decide?
Petition disposed off with recorded directions/expectations: (i) Corporation to follow due procedure in law while removing encroachments (Corporation stated it would remove encroachments if police protection were granted; the learned AGP stated police protection would promptly be granted if sought); (ii) Corporation expected to act pragmatically and, if undisputed, do the needful in accordance with law to lay the road of 50 ft. width on the land donated by the Department of Atomic Energy; (iii) removal of encroachments and laying of the road as per approved width to be completed within 180 days, of which 90 days for encroachment removal and the remainder for laying the road strictly per the DAE-Corporation understanding; disposed Petition listed for recording compliance on 12th June, 2026.