Marinette Co-Operative Housing Society Ltd. v. Municipal Corporation of Greater Mumbai
Case brief
What is this about?
Marinette Co-operative Housing Society Ltd. v. Municipal Corporation of Greater Mumbai (BMC), WRIT PETITION NO. 4801 OF 2025, High Court of Judicature at Bombay, decided 22-12-2025, Coram Ravindra V. Ghuge & Ashwin D. Bhobe, JJ. Subject: regularization of structure / unauthorized construction; application under Section 44 of the MRTP Act per prevailing Development Control Rules and Regulations; demolition of non-regularizable portion at Petitioners' own cost; 30-day filing and 30-day decision timelines; 48-hour communication of decision; impugned notice kept in abeyance with conditional liberty to enforce. Disposition: petition disposed of on recorded undertakings. Keywords: MRTP Act Section 44 regularization; Development Control Rules; demolition; notice kept in abeyance; co-operative housing society; BMC.
What did the court decide?
Petition disposed of on recorded undertakings and directions: Petitioners to file a regularization application under Section 44, MRTP Act within 30 days and to demolish at their own cost any portion of the structure that legally cannot be regularized (failing which the Corporation may demolish); Corporation to decide the application in accordance with law within 30 days of receipt and communicate its decision within 48 hours to the e-mail ids tendered by the Petitioners; the impugned notice kept in abeyance until the decision, with liberty to the Corporation to act on it in accordance with law if the application is deficient, incomplete or not filed within the time frame.