Mrs. Geeta Mahesh Dhanani v. the Municipal Corporation of Greater Mumbai
Case brief
What is this about?
Bombay High Court 2026; JITENDRA JAIN; Interim Application 572 of 2026 in First Appeal 18 of 2013; restoration of appeal dismissed for non-appearance; Geeta Mahesh Dhanani v. MCGM; Section 53(1) Maharashtra Regional Town Planning Act 1966; demolition notice 16 August 2005; loft 100 sq.ft Colaba commercial premises; City Civil Court order 14 August 2012 rejected challenge with cost; status-quo orders 2012 and 2015; no speaking order of status-quo; balance of equity; conditional stay; Rs.5,000 monthly deposit; fixed deposit with Registry; refund if appeal allowed else Corporation or charity; default vacates interim stay.
What did the court decide?
First appeal restored to file; interim stay of the demolition notice dated 16 August 2005 under Section 53(1) and of the City Civil Court order dated 14 August 2012, conditional on deposits of Rs.5,000/- per month (aggregate from August 2005 to 31 March 2026 within 12 weeks; Rs.5,000/- monthly from 1 April 2026 till disposal) to be placed in Fixed Deposit with the Registry, refundable with interest if the appeal succeeds, else payable to the Corporation or charity; default vacates the stay; appellant to inform the 'A' ward officer of the deposit; appeal to come up in regular course.