Bombay High Court
Ashish Rajkumar Mutreja @ Chasmawala vs The Municipal Corporation Of Greater ... on 22 September, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-OS:16939-DB 5.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 3529 OF 2021
LAXMI
SUBHASH
SONTAKKE Ashish Rajkumar Mutreja @ Chasmawala Petitioner
Digitally signed by
LAXMI SUBHASH
Versus
SONTAKKE
Date: 2025.10.01
11:39:49 +0530
The Municial Corporation of Greater Mumbai & Ors. Respondents
_______
Mr. Ranjeet Thorat, Senior Counsel a/w Chandra Naik & Bhavna Nirban for
Petitioner.
Ms. Meena Dhuri i/b. Komal Punjabi for Respondent Nos. 1 to 3.
Mr. Anuj Savla i/b. Trilegal for Respondent Nos. 4 to 6.
Ms. Pranita Saboo a/w Pallavi Pakale i/b. Jain Law Partners LLP for Respondent
Nos. 7 to 9
Mr. Shaikh Ashfaque Yusuf for Respondent No.12.
Ms. Shivangi Bhatawadekar i/b. Neha Bhosale for Respondent Nos. 14 & 15.
Ms. Misba Shaikh, Respondent No.12 present.
Mr. Salim Shaikh & Salim Makda present in Court.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 22nd September 2025
P.C.
1. Leave to amend to implead one Ms. Misba Shaikh as Respondent No.12. Amendment be carried out forthwith. Re-verification is dispensed with.
2. This Petition is filed under Article 226 of the Constitution of India praying for the following reliefs:-
"(a) That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other Writ, Order and/or direction, directing the Respondent Nos. 1 to 6 to perform their duties as per the provision of the Mumbai Municipal Corporation Act, Maharashtra Regional Town Planning Act and Development Control AND Promotion Regulations for Greater Mumbai 2034 and Policy Page 1 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC Guidelines of MCGM in the matter of redevelopment of the said property bearing CTS Plot No.509, CTS Nos. E/176 to E/179 of Bandra Village, admeasuring 943.10 Sq. Mtrs. and the old Jay Niketan Building therein, situated at the corner of two Roads i.e. Chitrakar Dhurandar Marg, and 16 th Road, Khar (West), Mumbai
- 400 052.
(b) That this Hon'ble Court be pleased to issue Writ of Mandamus or any other writ, order and direction directing the Respondent Nos. 1 to 3 to take appropriate action against the Respondent Nos.4 to 6 for implementing the scheme of redevelopment project of the said property bearing CTS Plot No.509, CTS Nos. E/176 to E/179 of Bandra Village, admeasuring 943.10 Sq. Mtrs, and the old Jay Niketan Building therein, situated at the corner of two Roads i.e. Chitrakar Dhurandar Marg, and 16 th Road, Khar (West), Mumbai - 400 052 and to pay the arrears of transit rent of Rs.
14,00,000/- for the period from March 2021 to October 2021 and pay transit rent at Rs.2,00,000/-per month from the month of November 2021 i.e. from the date of demolition of old Building and Petitioners' said old tenanted Shop premises till the Respondent Nos.4 to 6 Developer hand over possession of the New Shop premises to the Petitioner and allot Permanent Alternate Accommodation being the new shop premises of 680 sq. ft. Built up area and Fungible FSI area in the ground floor of the new Building and one car parking space in the proposed Building to be constructed on the said property on ownership basis, free of cost and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's old Tenanted Shop Premises.
c) That this Hon'ble Court be pleased to issue Writ of Mandamus and or any other appropriate Writ, direction and Order against the Respondent Nos. 1 to 3 for not to grant any permission and allow the Respondent Nos.4 to 6 Developer and/or any other Developer to commence and complete the construction of the new building unless and until the Developer allots Permanent Alternate Accommodation being Commercial New Shop premises of 680 sq. ft. Built up area plus Fungible FSI area in the Ground Floor of the New Building in the Scheme of redevelopment of the said property to the Petitioner on ownership basis, free of cost and execute the Agreement for Permanent Alternate Accommodation and pay the transit rent at Rs.2,00,000/- per month from March 2021 till Respondent Developer construct the New Building and hand over possession of the New Shop premises to the Petitioner in lieu of his old Tenanted Shop premises and for an Order and/or direction, directing the Respondent Nos. 1 to 6 to perform their duties as per the provision of the Mumbai Municipal Corporation Act, Maharashtra Regional Town Planning Act and Development Control AND Promotion Regulations for Greater Mumbai in the matter of redevelopment of the said property bearing CTS Plot Page 2 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC No.509, CTS Nos. E/176 to E/179 of Bandra Village, admeasuring 943.10 Sq. Mtrs. and the old Jay Niketan Building therein, situated at the corner of two Roads i.e. Chitrakar Dhurandar Marg, and 16th Road, Khar (West), Mumbai-400 052
(d) In the alternative to prayer clause (a) to (c) above, that this Hon'ble Court by an appropriate order, and judgment and direction be pleased to appoint Court Receiver, High Court, Bombay, or some other fit and proper person be appointed as Court Receiver to the said Property, with all powers under and a direction to take possession of the said Property from the Respondents Nos. 4 to 6 and to appoint reputed Architect and/or such person on its panel to ascertain the cost of construction and completion of the New building and then, appoint and/or employ any such Developer/s agency to complete the construction of the New Building and complete the redevelopment of the Said Property after obtaining necessary permissions, IOD, Sanction Plan, Commencement Certificate, occupation certificate / Building completion certificate from Municipal Corporation of Greater Mumbai and/or through such other agency as this Hon'ble Court may direct and to pay the arrears of transit rent of Rs. 14,00,000/- for the period from March 2021 to October 2021 and pay transit rent at Rs.2,00,000/- per month from the month of November 2021 i.e. from the date of demolition of old Building and Petitioners' said old tenanted Shop premises to till the Respondent Nos.4 to 6 Developer hand over possession of the New Shop premises to the Petitioner and allot Permanent Alternate Accommodation being the new shop premises of 680 sq. ft. Built up area and Fungible FSI area and one car parking space in the ground floor of the proposed Building to be constructed on the said property on ownership basis, free of cost and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's said old Tenanted Shop Premises.
(e) That this Hon'ble Court by an order be pleased to direct the Respondents Nos. 4 to 6 to make a true and full disclosures of:
(i) All applications, permissions and approvals (from the start till the latest) if obtained by the Respondents No. 4 to 6 regarding proposed construction on the said Property and furnish true copies thereof to the Petitioner;
(ii) Details of all the Bank Accounts of the Respondents Nos. 4 to
6 as well as the Bank Statements of all such bank accounts of the Respondents Nos. 4 to 6.
(f) That this Hon'ble Court, in the alternative and without prejudice to the aforesaid prayer clauses (a) to (c), by an Order and Judgment, be pleased to order the Developer Respondents Nos. 4 Page 3 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC to 6 to deposit with this Hon'ble Court an amount which can satisfy the entire construction costs of the New Building and redevelopment project including the costs for obtaining all necessary permissions and the Occupation Certificate and Building Completion Certificate of the said New Building and the said property as per permission of the Respondent Nos. 1 to 3 MCGM.
(f-i) The Respondent Nos.4 to 9 forthwith be directed to stop the construction of the new Building and redevelopment of the said property bearing Plot No.509, Scheme No.VII, Khar Danda, Bombay bearing C.T.S. Nos.E/176 to E/179 of Bandra Village, admeasuring about 1195 sq. yards equivalent to 999.20 sq. mtrs, and at Junction of 1st Road (C.D. Road) and 16th Road, Khar (West), Mumbai-400 052 under SRA Scheme and permissions granted by Respondent Nos. 10 and 11 (SRA Authority);
(f-ii) The Respondent Nos. 10 and 11 be directed to forthwith revoke the Letter of Intent bearing No.H-W/Pvt/0081/20210226/LOI dated 18/05/2022 IOD and sanction plan and Commencement Certificate and other permissions issued by them under Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act for the redevelopment of the property bearing Plot No.509, Scheme No.VII, Khar Danda, Bombay bearing C.T.S. Nos.E/176 to E/179 of Bandra Village admeasuring about 1195 sq. yards equivalent to 999.20 sq. mtrs,, and at Junction of 1 st Road (C.D. Road) and 16th Road, Khar (West), Mumbai-400 052;
(f-iii) The Respondent Nos.4 to 9 be directed to carry on the redevelopment of the said property bearing Plot No.509, Scheme No. VII, Khar Danda, Bombay bearing C.T.S. Nos. E/176 to E/179 of Bandra Village admeasuring about 1195 sq. yards equivalent to 999.20 sq. mtrs,, and at Junction of 1 st Road (C.D. Road) and 16th Road, Khar (West), Mumbai-400 052 and reconstruction of the old Jay Niketan Building as per permission and sanction plan to be obtained from the M.C.G.M. being Planning Authority, only after Respondent Nos.4 to 9 allots a new shop premises of 680 sq. ft. Built up area being the Permanent Alternate Accommodation and Fungible FSI area and one car parking space in the ground floor of the proposed Building to be constructed on the said property on ownership basis, free of cost to the Petitioner and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's said old Tenanted Shop Premises;
(f-iv) The Respondent Nos.4 to 9 be directed to pay the Petitioner arrears of transit rent of Rs. 74,00,000/- and/or such transit rent being paid in par to the other old shop occupiers in the said Old Jay Niketan Building for the period from March 2021 to March 2024 i.e. from the date of demolition of the Petitioner's old Page 4 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC Tenanted Shop Premises and the said old Jay Niketan Building and pay further transit rent at Rs.2,00,000/- per month and/or such transit rent being paid in par with other old shop occupiers to the Petitioner from the month of April 2024 to till the Respondent Nos.4 to 9 Developers hand over possession of the New Shop premises of 680 sq. feet and Fungible FSI in the ground floor of the new building to be constructed on the said property by them bearing Plot No.509, Scheme No. VII, Khar Danda, Bombay bearing C.T.S. Nos.E/176 to E/179 of Bandra Village admeasuring about 1195 sq. yards equivalent to 999.20 sq. mtrs, and at Junction of 1ª Road (C.D. Road) and 16th Road, Khar (West), Mumbai 400 052 to the Petitioner;
(f-v) The Respondent Nos.4 to 9 be directed to allot a new shop premises of 680 sq. ft. Built up area being the Permanent Alternate Accommodation and Fungible FSI area and one car parking space in the ground floor of the proposed Building to be constructed on the said property in the property bearing Plot No.509, Scheme No. VII, Khar West, Bombay bearing C.T.S. Nos.E/176 to E/179 of Bandra Village, and at Junction of 1 st Road (C.D. Road) and 16th Road, Khar (West), Mumbai-400052 on ownership basis, free of cost to the Petitioner and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's said old Tenanted Shop Premises;
(f-vi) In the alternative to the aforesaid prayers (f-i) to (f-v) above, (ai) this Hon'ble Court be pleased to appoint Court Receiver, High Court, Bombay, or some other fit and proper person be appointed as Court Receiver to the Property bearing Plot No.509, Scheme No. VII, Khar Danda, Bombay and bearing C.T.S. Nos.E/176 to E/179 of Bandra Village, admeasuring about 1195 sq. yards equivalent to 999.20 sq. mtrs, and at Junction of 1 st Road (C.D. Road) and 16th Road, Khar (West), Mumbai - 400 052, with all powers under and a direction to take possession of the said Property from the Respondents Nos. 4 to 9 to appoint reputed Architect on its panel to ascertain the cost of construction and completion of the New building and then, appoint and/or employ any such Developer/s agency to complete the construction of the New Building and complete the redevelopment of the Said Property after obtaining necessary permissions, IOD, Sanction Plan, Commencement certificate, occupation certificate/Building completion Certificate from Respondent Nos. 1 to 3 Municipal Corporation of Greater Mumbai, being Planning Authority and/or through such other agency as this Hon'ble Court may direct and to pay the arrears of transit rent of Rs.74,00,000/- and/or such transit rent being paid in par to the other shop occupiers to the Petitioner for the period from March 2021 to March 2024 and pay further transit rent at Rs.2,00,000/- per month and/or such transit rent in par with other shop occupiers from the month of April 2024 i.e. Page 5 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC transit rent payable from the date of demolition of old Building and Petitioners' said old tenanted Shop premises to till the Developer hand over possession of the New Shop premises to the Petitioner and allot Permanent Alternate Accommodation being the new shop premises of 680 sq. ft. Built up area and Fungible FSI area and one car parking space in the ground floor of the proposed Building to be constructed on the said property on ownership basis, free of cost to the Petitioner and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's said old Tenanted Shop Premises.
(f-vii) Pass an order restraining the Respondents Nos. 4 to 9 Developers from in any manner selling, disposing off, dealing with, encumbering, alienating and/or creating third party rights in the said property and/or any flats/units in the proposed building to be constructed thereon or any part thereof;
(f -viii) direct the Respondents Nos. 4 to 9 to make a true and full disclosures of:
(a) All applications and proposal submitted to MCGM and SRA Authority and permissions and approvals (from the start till the latest) obtained by the Respondents Nos. 4 to 9 regarding the construction of the New Building and redevelopment of Said Property bearing Plot No.509, Scheme No.VII, Khar Danda, Bombay at Junction of 1ª Road and 16 th Road, Khar (West), Mumbai-400 052 and furnish the same to the Petitioner;
(b) Details of all the Bank Accounts and its Statements of the Respondents Nos. 4 to 9.
(c) direct the Respondents Nos. 4 to 9 to deposit with Court Receiver an amount which shall satisfy the cost of construction of the New Building.
(f-ix) for interim and ad-interim reliefs in terms of prayer clauses (f-i) to (f-viii) above.
(g) pending the hearing and final disposal of the present Petition, this Hon'ble Court be pleased to:
(i) Grant an order and direction, directing the Respondent Nos. 1 to 3 to take appropriate action against the Respondent Nos.4 to 6 for implementing the scheme of redevelopment project of the said property bearing CTS Plot No.509, CTS Nos. E/176 to E/179 of Bandra Village, admeasuring 943.10 Sq. Mtrs. and the old Jay Niketan Building therein, situated at the corner of two Roads i.e. Chitrakar Dhurandar Marg, and 16 th Road, Khar (West), Mumbai
- 400 052 and Page 6 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC
(ii) Pay the arrears of transit rent of Rs. 14,00,000/- for the period from March 2021 to October 2021 and pay further transit rent at Rs.2,00,000/- per month from the month of November 2021 i.e. from the date of demolition of old Building and Petitioners' said old tenanted Shop premises to till the Respondent Nos. 4 to 6 Developer hand over possession of the New Shop premises in the ground floor of the new building to be constructed on the said property to the Petitioner and
(iii) allot the new shop premises of 680 sq. ft. Built up area being the Permanent Alternate Accommodation and Fungible FSI area and one car parking space in the ground floor of the proposed Building to be constructed on the said property on ownership basis, free of cost and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's said old Tenanted Shop Premises and lodge for registration of the same.
(iv) In the alternative to prayer clause (i) to (iii) of prayer (g) above, that this Hon'ble Court be pleased to appoint Court Receiver, High Court, Bombay, or some other fit and proper person be appointed as Court Receiver to the said Property, with all powers under and a direction to take possession of the said Property from the Respondents Nos. 4 to 6 and to appoint reputed Architect and/or developer on its panel to ascertain the cost of construction and completion of the New building and then, appoint and/or employ any such Developer/s agency to complete the construction of the New Building and complete the redevelopment of the Said Property after obtaining necessary permissions, IOD, Sanction Plan, Commencement Certificate, occupation certificate/Building completion certificate from Municipal Corporation of Greater Mumbai and/or through such other agency as this Hon'ble Court may direct and to pay the arrears of transit rent of Rs. 14,00,000/- for the period March 2021 to October 2021 and pay transit rent at Rs.2,00,000/- per month from the month of November 2021 I.e. from the date of demolition of old Building and Petitioners' said old tenanted Shop premises to till the Respondent Nos.4 to 6 Developer hand over possession of the New Shop premises to the Petitioner Permanent Alternate Accommodation being the new shop premises of 680 sq. ft. Built up area and Fungible FSI area and one car parking space in the ground floor of the proposed Building to be constructed on the said property on ownership basis, free of cost and execute and register the Agreement for Permanent Alternate Accommodation with the Petitioner in lieu of Petitioner's said old Tenanted Shop Premises.
(v) Pass an order of mandatory injunction restraining the Respondents Nos. 4 to 6 Developer from in any manner selling, Page 7 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::
5.DOC disposing off, dealing with, encumbering, alienating and/or creating third party rights in the said property and/or any flats/units in the proposed building to be constructed thereon or any part thereof;
(vi) direct the Respondents Nos. 4 to 6 to make a true and full disclosures of:
(a) All applications, permissions and approvals (from the start till the latest) obtained by the Respondents Nos. 4 to 6 regarding the construction of the Said Property and furnish the same to the Petitioner;
(b) Details of all the Bank Accounts of the Respondents Nos. 4 to
6 as well as the Bank Statements of all such bank accounts of the Respondents Nos. 4 to 6.
(c) direct the Respondents Nos. 4 to 6 to deposit with Court Receiver an amount which shall satisfy the cost of construction of the New Building.
(h) for interim and ad-interim reliefs in terms of prayer clause (g) above.
(i) for costs of this Petition be provided for.
(j) Any such further and other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case be granted."
3. Today the learned Counsel for the Petitioner and learned Counsel for Respondent Nos. 4 to 6 and 12 are before the Court to contend that the dispute between the parties stands settled in terms of the consent terms which are tendered before the Court today. The learned Advocate contends that there is no dispute on the signatures as made on the consent terms and the signatures are verified by the Advocates for the respective parties. We accordingly accept the consent terms and the same is taken on record and marked 'X' for identification.
4. The Petition stands disposed of in terms of the consent terms. We are informed that all the signatories are present before the Court. The Undertakings as set out in the consent terms are accepted.
(AARTI SATHE, J.) (G. S. KULKARNI, J.) Page 8 of 8 Laxmi ::: Uploaded on - 01/10/2025 ::: Downloaded on - 03/10/2025 22:56:11 :::