Shantilal Udaylal Bafna vs Brihanmumbai Municipal Corporation (Bmc) — Bombay HC (2026) — LawSathi Research

Shantilal Udaylal Bafna vs Brihanmumbai Municipal Corporation (Bmc) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: BMC to conduct a fresh measurement of the Petitioner's premises on 25.02.2026 at 11.00 a.m. by an authorized officer per the ordinarily adopted procedure, with videography; Petitioner to attend without fail; open spaces, balconies and common passages not in the originally approved plan to be excluded from the measurement; Petition to be listed on 13 March 2026 for recording compliance.

Issue for consideration

Determination of the correct carpet area occupied by the Petitioner (690 sq ft claimed versus 510 sq ft recorded by the Corporation), and whether a fresh measurement should be taken in the Petitioner's presence, excluding open areas, balconies, passage areas and construction beyond the originally approved plan, with videographic recording.

Court's answer

The Corporation shall carry out the measurement of the Petitioner's premises on 25.02.2026 at 11.00 a.m.

Ratio / Principle

The measurement shall be carried out by an authorized officer of the Corporation, following the due procedure ordinarily adopted for such measurements.

Key takeaways

A videography recording shall be made while carrying out the measurement.ratio¶4
The Petitioner shall remain present on the said date and time without fail, and no excuse shall be entertained.ratio¶4
Open spaces, balconies and common passages not included in the originally approved plan shall not be included in the measurement.ratio

Detailed headnote1 paragraphs

Shantilal Udaylal Bafna v. Brihanmumbai Municipal Corporation (BMC) & Anr., Writ Petition No. 387 of 2026, High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Coram: Ravindra V. Ghuge & Abhay J. Mantri, JJ., decided 23 February 2026. Carpet-area dispute: Petitioner contends his occupation is 690 sq ft while the Corporation's measurement recorded 510 sq ft, alleging inclusion of open space and unauthorised construction encroaching on a passage. The Petition was disposed of with directions that the Corporation re-measure the premises on 25.02.2026 at 11.00 a.m. through an authorized officer following the ordinarily adopted procedure, with videography; the Petitioner to remain present without fail; and open spaces, balconies and common passages not included in the originally approved plan to be excluded from the measurement. Compliance to be recorded on 13 March 2026.

15.OS.WP.387.2026.odt

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

Digitally signed by VINA VINA ARVIND ARVIND KHADPE KHADPE Date: 2026.02.24 18:28:17 +0530

WRIT PETITION NO. 387 OF 2026

Shantilal Udaylal Bafna ….Petitioner

Versus

Brihanmumbai Municipal Corporation (BMC) & Anr. ….Respondents

Ms. Sweta M. Jain i/b. S. M. Jain Associates, for the Petitioner. Ms. Vaishali Ugale, Advocate appearing for the Respondent Nos. 1 to 3 BMC.

Mr. Vijaykumar Wagh, Assistant Engineer (Building and Factory) N Ward.

Ms. Rita Joshi (through VC) – AGP for the State/Respondent No. 4.

CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ. DATE : 23^rd FEBRUARY, 2026

P.C. :-

The Petitioner contends that the area occupied by him

is 690 square feet of carpet area. The Corporation, upon measurement of the structure, has recorded 510 square feet of carpet area. It is the contention of the Corporation that the Petitioner seeks to include the open space, as well as the construction allegedly carried out unauthorizedly on the passage, by encroaching upon a portion thereof.

The learned Advocate for the Petitioner submits that

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15.OS.WP.387.2026.odt

such allegations are untrue and that the Corporation may carry out a measurement in the presence of the Petitioner, excluding the open area, balcony, and passage area, and any construction that is beyond the originally approved plan. She further submits that the measurement may be recorded through videography on 25^th February 2026, at 11:00 a.m.

The Corporation has agreed.

In view of the above, this Petition is disposed off with the following observations/directions.

a. The Corporation shall carry out the measurement on 25.02.2026 at 11.00 am.

b. The measurement would be carried out by an authorized officer of the Corporation, by following the due procedure ordinarily adopted for such measurements.

c. A videography recording shall be made while carrying out the measurement.

d. The Petitioner would remain present without fail on the said date and time, and no excuse shall be entertained.

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e. The open spaces, balconies, and common passages that are not included in the originally approved plan, shall not be included in the measurement.

List this Petition on 13^th March 2026 , for recording

compliance.

(ABHAY J. MANTRI, J.)

(RAVINDRA V. GHUGE, J.)

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