Kanakia Paris Co-Operative Housing Society Limited v. Brihanmumbai Mahanagar Palika Also Know as the Brihanmumbai Municipal Corporation (Bmc)

Bombay HC27 Jan 2026WP/1151/2025

Case brief

AI extract

What is this about?

Kanakia Paris Co-operative Housing Society Limited v. BMC — Bombay High Court Civil Writ Petition No.1151 of 2025 (Ghuge & Mantri JJ., 27-01-2026): dispute over payment of property taxes before flat purchasers/members took possession, involving multiple successor developers; Court declined to adjudicate disputed questions and disposed of the petition with liberty to appeal under Section 217 of the Mumbai Municipal Corporation Act, 1888.

What did the court decide?

Liberty to the Petitioners to avail the remedy of filing an Appeal under Section 217 of the Mumbai Municipal Corporation Act, 1888. ¶24-25

Kanakia Paris Co-Operative Housing Society Limited vs Brihanmumbai Mahanagar Palika Also Know as the Brihanmumbai Municipal Corporation (Bmc) — Bombay HC (2026) — LawSathi Research

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15.os.wp.1151.2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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CIVIL WRIT PETITION NO.1151 OF 2025

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Kanakia Paris Co-operative Housing Society Limited & anr.

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….Petitioners

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Versus

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Brihanmumbai Mahanagar Palika also Know as the Brihanmumbai Municipal Corporation (BMC) & ors. ….Respondents

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Mr. Rahul Sarda a/w Ms. Divya Dave, Mr. Avdhoot Prabhu for the Petitioners.

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Mr. S. V. Tondwalkar for Respondent Nos.1 and 2 – BMC.

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Mr. Ashish Wasnik, Ward Insp. (A.A & C Dept) H/E Ward.

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CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ. DATE : 27^th JANUARY, 2026

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P.C. :-

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Respondent No.3 is the third Developer who was in the

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project for construction of towers, for Petitioner No.1, the Cooperative Housing Society. After Respondent No.4 gave up its interest, Respondent No.3 developed the property and sold the tenements to the occupants who are the members of Petitioner No.1. Respondent No.4 is the fourth Developer after Respondent No.7 gave up its interest in the project.

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1 of 3

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Vina Khadpe

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15.os.wp.1151.2025.odt

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Issue is as regards who is to pay the property taxes prior to the Members of Petitioner No.1 taking possession of the flats. The learned Advocate representing Respondent No.7 submits that after Respondent No.7 gave up its interest in the project, it was Respondent No.4 who took over and no prayers are made against it. So also, no prayers are made against Respondent No.3, who was the last developer who actually sold the tenements to the Members of Petitioner No.1.

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Respondent No.7 submits that, once it gave up the interest in the project, Respondent No.4 entered the project. Respondent No.4 gave up its interest and Respondent No.5, who is proprietor of Respondent No.6, entered the project. Respondent Nos.5 and 6 gave up the project and Respondent No.3 entered the project who finally sold the tenements to the Members of Petitioner No.1.

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We do not wish to get into the disputed questions, as are apparently visible from the aforesaid fact situation. The Petitioners have a remedy of filing an Appeal under Section 217 of the Mumbai Municipal Corporation Act, 1888.

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2 of 3

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Vina Khadpe

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15.os.wp.1151.2025.odt

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With the said liberty available, this Petition is

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disposed off.

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(ABHAY J. MANTRI, J.)

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(RAVINDRA V. GHUGE, J.)

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3 of 3

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Vina Khadpe

Kanakia Paris Co-Operative Housing Society Limited v. Brihanmumbai Mahanagar Palika Also Know as the Brihanmumbai Municipal Corporation (Bmc)

Case brief

What is this about?

What did the court decide?

Kanakia Paris Co-Operative Housing Society Limited v. Brihanmumbai Mahanagar Palika Also Know as the Brihanmumbai Municipal Corporation (Bmc)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Parties & counsel

Coram

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