Authority: High Court of Judicature at Bombay

Order Date: 21 August 2026

Case Overview

  • Petition No. 715 of 2021 filed by Bandra Physical Culture Association (Petitioner) against the State of Maharashtra & Others (Respondents).
  • Interim Application (Lodging) No. 14131 of 2026 filed by Mani Phiroshaw Patel (Applicant) against the State of Maharashtra and the Ministry of Urban Development (Respondent).
  • Counsel for petitioner: Mr. Kuber Wagle (i/b MZM Legal). Counsel for respondents: Mr. Milind More, Addl. G.P. with Mr. Rakesh Pathak, A.G.P.; Senior Counsel R.V. Govilkar with Ms. Jyoti Mhatre (i/b Adv. Komal Punjabi) for BMC; Mrs. Riya Birwadkar, A.O (I/C) Estate Department present.
  • Bench: Hon’ble Judges M. S. Karnik & Sandesh D. Patil JJ.

Order Details

1. The Court directed that proceedings under Section 105 of the relevant statute be initiated for the eviction of the petitioner, confirming that due process of law will be followed.

2. The notice dated 31 July 2026, which was received by the petitioner on 6 August 2026, shall be adjudicated and acted upon in accordance with law.

3. The petition is disposed of on the above terms.

4. The intervenor is granted liberty to file appropriate proceedings, including filing a writ petition for initiating action against unauthorized construction.

Final Outcome

  • Eviction proceedings under Section 105 are to be commenced against the Bandra Physical Culture Association.
  • The petition is dismissed, and the intervenor may pursue further writ actions concerning unauthorized construction.

Topics: Eviction, Unauthorized Construction