Agnelo Francis Patrao vs Brihanmumbai Municipal Corporation — Bombay HC (2026) — LawSathi Research

Agnelo Francis Patrao vs Brihanmumbai Municipal Corporation — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the petitioner and the authorised officer of the Assistant Commissioner, Social Welfare Department, Mumbai Suburban to remain present before the Assistant Commissioner, M/East Ward, Mumbai on 30/03/2026 at 11:00 a.m.; the Executive Engineer, M/East Ward (B&F), Mumbai to take appropriate action in respect of the subject structure and/or the complaint of the Assistant Commissioner, Social Welfare Department in accordance with law within 8 weeks from 30/03/2026; all contentions kept open.

Issue for consideration

Whether the Brihanmumbai Municipal Corporation should take action on the basis of its notice dated 27/05/2023 regarding the unauthorised structure (page 95 of the paper-book). +1 more

Court's answer

Upon briefly hearing the petitioner and the Assistant Commissioner, Social Welfare Department, the Court directed the Executive Engineer, M/East Ward (B&F), Mumbai to take appropriate action in respect of the subject structure and/or the complaint made by the Assistant Commissioner, Social Welfare Department in accordance with law as expeditiously as possible and in any case within a period of 8 weeks from 30/03/2026.

Ratio / Principle

The Court called upon the learned AGP (Original Side) to communicate the order to the Assistant Commissioner, Social Welfare Department, Mumbai Suburban, and directed that the petitioner as well as the concerned authorised officer of the Assistant Commissioner, Social Welfare Department, Mumbai Suburban remain present before the Assistant Commissioner, M/East Ward, Mumbai on 30/03/2026 at 11:00 a.m.

Key takeaways

Keeping all contentions open, the Court disposed of the writ petition.ratio¶¶37

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Writ Petition No. 2732 of 2025 — Agnelo Francis Patrao v. Brihanmumbai Municipal Corporation (M.S. Karnik & S.M. Modak JJ., 9 March 2026). The petitioner, owner of the ground floor premises, complained on 16/02/2023 to the Designated Officer, M-West Ward, Executive Engineer (Building & Factory) about an unauthorised tin shed on the first floor, which is occupied by the Assistant Commissioner, Social Welfare Department, Mumbai. The Corporation issued a notice dated 27/05/2023 recording inspection of 23.05.2023 and observation of an unauthorised M.S. steel shed above the terrace, instructing the petitioner to furnish permission documents within 3 days or remove the shed, failing which action would follow under the MMC Act. The petitioner sought that the Corporation act on that notice. Counsel for the Corporation submitted that the Social Welfare Department intended to regularize the shed (erected owing to rainy-season leakage) and that the Assistant Commissioner had himself complained against the petitioner. The Court disposed of the petition, directing the petitioner and the authorised officer of the Assistant Commissioner, Social Welfare Department, Mumbai Suburban to appear before the Assistant Commissioner, M/East Ward, Mumbai on 30/03/2026 at 11:00 a.m., and directing the Executive Engineer (B&F), M/East Ward to take appropriate action on the structure and/or the complaint in accordance with law within 8 weeks from 30/03/2026, keeping all contentions open.

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Digitally signed URMILA by URMILAPRAMOD PRAMOD INGALE INGALE Date:2026.03.11 19:39:04 +0530

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

WRIT PETITION NO. 2732 OF 2025

Agnelo Francis Patrao … Petitioner Versus Brihanmumbai Municipal Corporation .… Respondent

Mr.Rakesh Agrawal a/w Pallak Ranawat, for the Petitioner. Ms. S.V. Tondwalkar, for Respondents No.1 to 3-BMC. Mr. Vaibhav Nimbalkar, S.E.(B&F) M/E Ward, present. Mr. Vikrant Parshurami, AGP, for the Respondents No. 4 & 5-State.

CORAM : M.S.KARNIK & S.M.MODAK, JJ.

DATE : 9^th MARCH 2026

P.C. :

1. Heard learned counsel for the petitioner. The structure in

question, which is claimed to be unauthorised, is a tin shed on the first floor. The first floor is occupied by the Assistant Commissioner, Social Welfare Department, Mumbai. The petitioner

is the owner of the ground floor premises. The petitioner, therefore, filed a complaint regarding the unauthorised structure on 16/02/2023 to respondent no.3- the Designated Officer, M-West

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Ward, Executive Engineer, Building & Factory, Mumbai. The

Corporation issued a notice dated 27/05/2023 to the petitioner

stating thus :

“ Office of the Designated Officer Executive Engineer(B&F) M/East M/East ward office Bldg. Room no. 103, 1^st floor, Late, Madhukar Kadam Marg, Govandi, Mumbai-400043

To Agnelo Francis Patrao Flat no.5, Bldg, no. 7, 5^th floor, Twinkle Star society, Ghatla Road, Chembur, Mumbai-400071

Sub: Regarding the ongoing u/a erection of shed.

With reference to the above subject matter, this office has received complaint regarding the ongoing u/a erection of shed in your premises. Accordingly, this office staff inspected the aforesaid site on 23.05.2023 & it is observed that unauthorised M.S. steel shed is put in place above terrace.

Therefore you are instructed to submit relevant documents, permission of competent authority obtained for construction within 3 days after-receipt of this letter or remove the shed immediately. In case of failure to comply with this office instruction, appropriate action will be initiated against you as per provision of MMC Act

2. The petitioner seeks that the Corporation take action on the

basis of the notice issued to the petitioner dated 27/05/2023

which is at page 95 of the paper-book.

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Learned counsel for the Corporation submitted that the Social Welfare Department had made a representation to the Executive Engineer of the Corporation stating that they intend to regularize the tin shed, as the same was erected due to some leakage problem during the rainy season. It is submitted that even the Assistant Commissioner, Social Welfare Department had made a complaint against the petitioner.

In such view of the matter, we have called upon learned AGP, of Original Side to communicate this order to the Assistant Commissioner, Social Welfare Department, Mumbai Suburban. The petitioner as well as the concerned authorised Officer of the Assistant Commissioner, Social Welfare Department, Mumbai Suburban, to remain present before the Assistant Commissioner, M/East Ward, Mumbai on 30/03/2026 at 11:00 a.m.

Upon briefly hearing the petitioner and Assistant Commissioner, Social Welfare Department, Executive Engineer, M/East Ward, (B&F), Mumbai to take appropriate action in respect of the subject structure and / or complaint made by the Assistant Commissioner,

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Social Welfare Department in accordance with law as expeditiously as possible and in any case, within a period of 8 weeks from 30/03/2026.

Keeping all contentions open, the writ petition is disposed of.

(S.M.MODAK, J.) (M.S.KARNIK, J.)

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