Bombay High Court
Dada Yashwant Pole vs The Asst. Commissioner N Ward And 8 Ors on 10 February, 2026
2026:BHC-OS:5692-DB
BDP 903 WP-1602-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1602 OF 2017
Pandurang Dyanu Pawar ... Petitioner.
V/s
The Asst Commissioner and Others ... Respondents.
WITH
WRIT PETITION NO. 1439 OF 2017
Nilesh Shankar Thorat ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO. 1611 OF 2017
Vithal Shankar Rane ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO. 1554 OF 2017
Shantaram Ramchandra Verwalkar ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO. 1548 OF 2017
Seema Ramesh Achrekar ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ... Respondents.
1
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WITH
WRIT PETITION NO. 1546 OF 2017
Ashok Waman Gaikwad ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO. 1583 OF 2017
Mahadeo Dattatray Makdum ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO. 1610 OF 2017
Dada Yashwant Pole ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ....Respondents.
WITH
WRIT PETITION NO. 1615 OF 2017
Prabhakar Arjun Apandkar ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ....Respondents
WITH
WRIT PETITION NO. 1544 OF 2017
Neelmani Chakrawar Panigrahi ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ....Respondents
2
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WITH
WRIT PETITION NO. 1578 OF 2017
Mahadev Rajaram Dhure ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 1596 OF 2017
Laxman Shankar Jalgonkar ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 1577 OF 2017
Yashwant Dhondu Yadav ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 1597 OF 2017
Arun Dattu Patil ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 1581 OF 2017
Pasha Lingaiya Gajala ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 1589 OF 2017
3
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Ganesh Ramesh Pachare ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 1594 OF 2017
Vivek Krushna Mhasalkar ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 2391 OF 2017
Sarjekar Krushna Dhonde ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 2389 OF 2017
Maruti Khandu Shinde ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 2387 OF 2017
Manjula Ramhari Dakva ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 2163 OF 2017
Simanchal Trinath Panda ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
4
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WITH
WRIT PETITION NO. 2158 OF 2017
Surekha Shirdhar Adhatrao ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ...Respondents
WITH
WRIT PETITION NO. 2386 OF 2017
Jaganath Atmaram Daphale ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ....Respondents.
WITH
WRIT PETITION NO. 2112 OF 2017
Laxminarayan N. Pandya ... Petitioner.
V/s
The Asst Commissioner, 'N' Ward
and Others ....Respondents.
WITH
WRIT PETITION NO. 2120 OF 2017
Mubarak Mohammed Mujawar ... Petitioner.
V/s
The Asst Commissioner
and Others ....Respondents.
WITH
WRIT PETITION NO. 2160 OF 2017
Parvati Ramesh Pachare ... Petitioner.
V/s
The Asst Commissioner 'N' Ward
and Others ....Respondents.
WITH
WRIT PETITION NO. 2388 OF 2017
5
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Hanuman Ganpat Munni ... Petitioner.
V/s
The Asst Commissioner 'N' Ward
and Others ....Respondents.
WITH
WRIT PETITION NO. 2171 OF 2017
Shankar Mahadeo Shirke ... Petitioner.
V/s
The Asst Commissioner 'N' Ward
and Others ....Respondents.
WITH
WRIT PETITION NO.1719 OF 2017
Gajanan Shankar Chavan ... Petitioner.
V/s
The Asst Commissioner 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO.1612 OF 2017
Geeta Mahadev Dhure ... Petitioner.
V/s
The Asst Commissioner 'N' Ward
and Others ... Respondents.
WITH
WRIT PETITION NO.1576 OF 2017
Nitesh Pradip Gaikwad ... Petitioner.
V/s
The Asst Commissioner 'N' Ward
and Others ... Respondents.
Mr. Akshay Pawar a/w Ms Mamta Magare i/b Bagkar & Co.,
Advocate for petitioner in all Writ Petitions.
Mr. Girish Utangale a/w Saurabh Utangale i/b M/s Utangale & Co.,
Advocate for Respondent no. 5 - SRA in WPL/3031/2016.
Mr. Abhijit P. Kulkarni a/w Ms. Sweta Shah, Advocate for Respondent
-SRA in rest of Writ Petitions.
6
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Ms. K. H. Mastakar, Advocate for Respondent nos. 1 to 4 -BMC.
Mr. Abhijit Bhagwate, Jr. Engineer (Maint) 'N' ward, Officer present in
Court.
Mr. Rakesh H. Pathak, AGP for State in WP/1602/2017.
Smt. Madhura Deshmukh, AGP for State in WP/1439/2017.
Smt. Lavina Kripalani, AGP for State in WP/1611/2017.
Smt. Anupama Pawar, AGP for State in WP/1554/2017.
Mr. S. B. Gore, AGP for State in WP/1548/2017.
Smt. Gaurangi Patil, AGP for State in WP/1546/2017.
Smt. Rita Joshi, AGP for State in WP/1583/2017.
Mr. Manish Upadhye, AGP for State in WP/1610/2017,
WP/1615/2017 and WP/1544/2017.
Mr. Himanshu Takke, AGP for State in WP/1578/2017 and
WP/1596/2017.
Smt. P. H. Kantharia, Govt. Pleader in WP/1577/2017,
WP/1597/2017 and WP/1581/2017.
Smt. Nazia Sheikh, AGP for State in WP/1589/2017.
Mr. Suraj Gupte, AGP for State in WP/1594/2017.
Smt. Varsha Sawant, AGP for State in WP/2391/2017.
Mr. Vikrant Parshurami, AGP for State in WP/2389/2017.
Smt. Fatima Lakadawala, AGP for State in WP/2387/2017.
Mr. Dipesh Siroya, AGP for State in WP/2163/2017.
Mr. Amar Mishra, AGP for State in WP/2158/2017, WP/2120/2017
and WP/2160/2017.
Smt. Gauri Sawant, AGP for State WP/2386/2017.
Mr. Akshay G. Patkar, AGP for State in WP/2112/2017.
Mr. Prashant Kamble, AGP for State in WP/2388/2017.
Smt. Poonam Mittal, AGP for State in WP/2171/2017.
Smt. Vrushali Kabare, AGP for State in WP/1719/2017.
Smt. Manisha Gawade, AGP for State in WP/1612/2017.
Mr. Nishigandh Patil, AGP for State in WP/1576/2017.
CORAM : SHREE CHANDRASHEKHAR, CJ &
GAUTAM A. ANKHAD, J.
DATE : 10TH FEBRUARY 2026 P.C. :
In this batch of writ petitions, the petitioners are the slum dwellers at different places. They are aggrieved by the notices issued to 7 ::: Uploaded on - 05/03/2026 ::: Downloaded on - 06/03/2026 20:48:09 ::: BDP 903 WP-1602-2017.doc them by the Municipal Corporation of Greater Mumbai, now renamed as "BMC". A copy of the letter dated 4 th February 2026 issued from the office of the Assistant Commissioner 'N' Ward bearing No. ACN/7572/Gen/MN has been tendered in Court which is taken on record. The learned counsel for the petitioners appearing in this batch of writ petitions states that in view of the said communication dated 4 th February 2026 nothing survives in these writ petitions and the petitioners seek permission to withdraw these writ petitions. In the communication dated 4th February 2026 the gist of the matter has been recorded as under:-
"In this case, as per the records available with this office it is learned that the work of widening of laxmibaugh nallah N Ward at CTS no.180, 179, 181 and 182(K) as BRIMSTOWARD report was undertaken by Dy. Ch. Engineer (SWD) E.S. dept. and work order for the same was issued in the year 2016. The structures mentioned in the writ petiton were affected in the widening of the said Nallah. As the existing UCR Masonary of Laxmibaugh Nallah wall was dilapidated condition and in light of such scenario there was a possibility of UCR wall collapse leading to mishaps to structures situated at the bank as well as abutting to the said Nallah which may have resulted in loss of life and property. Therefore to avoid the same notice U/s 488 of MMC Act was issued to owner/occupier of the structures situated at the bank as well as abutting to the said Nallah and eligibility of the structures was carried out by this office. As per the available records it appears that the final annexure-02 was prepared wherein total 131 structures were affected in the said Nallah widening out of which 74 structures were eligible. However as per the record and present site condition it is seen that proposed Nallah widening work along the stretch mentioned in the writ petition has been completed by temporary evacuating the structures, thereafter the structure holders have occupied the existing structures at their risk and cost.
At present the stretch of laxmibaugh Nallah mentioned in the said petition is developed to its full width i.e. 18 meters and the Nallah wall has been constructed in R.C.C. as per the BRIMSTOWARD report. Hence the Nallah widening work was completed without rehabilitation/shifting of the affected structures. Therefore the notices issued to the structures along the stretch of Nallah mentioned in the writ petition where Nallah has already been developed to its full width be treated as Null and Void.8 ::: Uploaded on - 05/03/2026 ::: Downloaded on - 06/03/2026 20:48:09 :::
BDP 903 WP-1602-2017.doc Citing above facts it is to state that Due process of Law has been followed in the said matter and structures mentioned in the writ petition were not demolished on site, Currently the said structures exists on site. (Photos attached @ pg. no. ).
In view of above, it is requested to present the same before Hon'ble Court for disposal of the said matter please."
2. In view of the said communication dated 4 th February 2026, these writ petitions have been rendered infructuous and disposed of as such.
[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] 9 ::: Uploaded on - 05/03/2026 ::: Downloaded on - 06/03/2026 20:48:09 :::