Bombay High Court
Ice N Spice Through Its Proprietor ... vs Birhanmumbai Municipal Corporation ... on 10 December, 2025
2025:BHC-OS:24377
12wpl-25661-2025-.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.25661 OF 2025
M/s. Ice N Spice .. Petitioner.
v/s.
Brihanmumbai Municipal Corporation
& Others .. Respondents.
Adv. Hamid Ansari with Adv. Satyajeet Salve, Adv. Furqan Khan, Adv.
Madhusmita Sahoo, Adv. Shrunkhal Pashte and Adv. Vikas Morya i/b.
Sofiya Shaikh, for the Petitioner.
Digitally signed
SMITA
by SMITA
RAJNIKANT
Adv. Rohit Gaikwad i/b. Adv. Komal Punjabi, for Respondent Nos. 1 & 3-
RAJNIKANT JOSHI
JOSHI Date: MCGM.
2025.12.11
17:26:43 +0530
Adv. Simran Rathod, for Respondent No.2.
CORAM: FIRDOSH P. POONIWALLA,J.
DATE : 10th DECEMBER, 2025.
ORAL JUDGEMENT:-
1 RULE. Rule made returnable forthwith and heard finally.
2 This Petition seeks quashing of the Show Cause Notice dated 17th April, 2024, Speaking Order dated 14 th August, 2024, Undated Demolition Order and Demolition Order dated 5 th May, 2025, all issued by Respondent No.1.
3 It is the case of the Petitioner that the tenancy in respect of the premises at Ice N Spice, A/9, Star Mansion, Mirza Ghalib Road (Clare Road),- Byculla (West), Mumbai 400 008 (the "said premises") was transferred in the name of the Petitioner in 1998.
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4 It is also the case of the Petitioner that the mezzanine floor
was in existence when the premises were transferred to them.
5 On 18th August, 2023, a complaint was made by one Sattar Ismail Kapadia to Respondent No.1, stating that the restaurant of the Petitioner had altered the said premises and added a loft, and sought action against the Petitioner.
6 By a letter dated 1st January, 2024, the BMC called upon the Petitioner to submit the relevant documents in respect of the said mezzanine floor.
7 An Inspection of the said premises was done on 17 th April, 2024 and an Inspection Report is on record which refers to the construction of the mezzanine floor at Ice N Spice Hotel at Mirza Ghalib Road (Clare Road), Byculla (West), Mumbai 400 008.
8 On 18th August, 2024, Respondent No.1 informed the Petitioner that, since they had not replied to the notice of Respondent No.1 nor submitted any conclusive proof to prove the authenticity of the notice structure to the datum line of 17 th April, 1964, they were required to remove the notice structure.
9 An Undated Demolition Order was also passed for demolition of the said mezzanine floor. Pursuant to the said Demolition Order, the mezzanine floor was partly demolished.
10 At the time of the first demolition, the Petitioner submitted a letter to Respondent No.1 requesting for some extension of time in order to collect documents to show that the mezzanine floor was legal.
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11 Thereafter, on 21st January, 2025 and 4th February, 2025,
again complaints were received by Respondent No.1 from the said Sattar Ismail Kapadia in respect of the said mezzanine floor. Thereafter, by a letter dated 5th February, 2025, Respondent No.1 once again called upon the Petitioner to submit documents in order to prove the validity of the notice structure.
12 Pursuant thereto, the Petitioner submitted documents on 10 th February, 2025. The documents submitted by the Petitioner include a Scrutiny Report for Renewal of Factory Permits issued by the City Engineer's Department, which shows that, as on 1959, the mezzanine floor existed in the said premises. The Petitioner also produced an Inspection extract for the year 1981-1982, for the said premises which also showed that a mezzanine floor existed. Further, the Petitioner produced a Register of Inspection of Properties from the year 1996-1997 to 1999-2000 which again shows existence of the said mezzanine floor.
13 Despite receiving these documents, Respondent No.1 issued the second Demolition Order dated 5 th May, 2025 without considering these documents. This is clear from the Affidavit in Reply filed on behalf of Respondent Nos. 1 and 3 wherein they have stated that these documents were forwarded for verification to the Assistant Assessor and Collector, 'E' Ward and Executive Engineer (MHADA) for verification vide letter dated 8th October, 2025.
14 Further, paragraph 8 of the said Affidavit in Reply also states that, upon receipt of verification, Respondent No.1 would issue a Revised Speaking Order and would initiate action after following the due process S.R.JOSHI 3 of 4 ::: Uploaded on - 11/12/2025 ::: Downloaded on - 11/12/2025 20:42:05 ::: 12wpl-25661-2025-.doc of law.
15 In my view, the aforesaid clearly shows that the Demolition Orders, and especially the second Demolition Order dated 5 th May, 2025, was issued by Respondent No.1 without considering the documents submitted by the Petitioner.
16 For all the aforesaid reasons, the following Order is passed:-
(i) Petition is allowed in terms of prayer clause (b) which reads as under:-
"(b):- that this Hon'ble Court be pleased to call for records pertaining to the Impugned Show Cause Notice dated 17th April 2024, Speaking Order dated 14th August 2024, Undated Demolition Order and Demolition Order dated 05th May 2025 and after perusal of the same be pleased to quash and set aside the same."
(ii) Respondent No.1 shall consider the documents submitted by the Petitioner in respect of the said premises in order to consider whether the mezzanine floor is legal, and if Respondent No.1, after considering the said documents, comes to the conclusion that the same is illegal, it may take necessary action in accordance with law;
(iii) Rule is made absolute in the aforesaid terms. There will be no order as to costs.
(FIRDOSH P. POONIWALLA,J.)
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