Disposed¶19

Allwyn Dacosta v. the Brihanmumbai Municipal Corporation Th. Its Municipal Commissioner

Bombay HC12 Jun 2026WP/2530/2026

Case brief

AI extract

What is this about?

Bombay High Court OOCJ 2026; writ petition withdrawn; obstruction of light and fresh air; illegal construction; encroachment; private Respondent No.4 construction; Brihanmumbai Municipal Corporation; liberty to approach Civil Court; all contentions kept open; withdrawal not an impediment; Allwyn DaCosta; Ghuge ACJ; Ankhad J.

What did the court decide?

Petition disposed of as withdrawn on instructions, with liberty to approach the Civil Court against the private Respondents regarding the encroachment/illegal construction and obstruction of light and fresh air; all contentions of stakeholders kept open and the withdrawal expressly not to be an impediment. ¶19

Allwyn Dacosta vs the Brihanmumbai Municipal Corporation Th. Its Municipal Commissioner — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Writ Court should entertain the Petitioner's grievance of obstruction of light and fresh air to his property caused by the construction undertaken by private Respondent No.4, or whether the appropriate remedy lies before the Civil Court.

¶14

Court's answer

The grievance regarding obstruction of light and fresh air to the Petitioner's property caused by Respondent No.4's construction is one for which the Petitioner can approach the Civil Court.

¶14

Ratio / Principle

On instructions from the Petitioner delivered through counsel while present in Court, the Writ Petition is disposed of as withdrawn.

¶19

Key takeaways

If the Petitioner approaches the Civil Court, all contentions of the stakeholders stand kept open, and the withdrawal of this Petition will not be an impediment.ratio¶20-21

Detailed headnote1 paragraphs

Allwyn DaCosta v. The Brihanmumbai Municipal Corporation — High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Writ Petition No. 2530 of 2026, decided 12 June 2026 (Ravindra V. Ghuge, ACJ. and Gautam A. Ankhad, J.). The Petition complained of encroachment/illegal construction and obstruction of light and fresh air to the Petitioner's property owing to construction undertaken by private Respondent No.4. The Court observed that the Petitioner can approach the Civil Court and, on the Petitioner's instructions given through counsel in Court, disposed of the Petition as withdrawn, keeping all contentions of the stakeholders open and directing that the withdrawal would not be an impediment to proceedings before the Civil Court. No statute or precedent was dealt with; no costs or quantum awarded.

Allwyn Dacosta v. the Brihanmumbai Municipal Corporation Th. Its Municipal Commissioner

Case brief

What is this about?

What did the court decide?

Allwyn Dacosta v. the Brihanmumbai Municipal Corporation Th. Its Municipal Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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