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Allows Day-Care Centre In Residential Flat To Continue For 6 Weeks
Court Prioritises Children's Interest Over Technical Violations in Powai Dispute
A division bench of the has granted temporary relief to a pre-school and day-care centre operating out of four residential flats in a housing society constructed by the ). The court permitted the centre to continue its activities for six weeks while directing the housing authority to decide on the pending '' applications within a month.
Justice M.S. Karnik and Justice Sandesh D. Patil were hearing two writ petitions filed by Dhanvanti Kantilal Gada and H.M.I. Learning Private Limited, challenging the issued by on and . The notices alleged that running a pre-school and day-care centre from Flat Nos.101 to 104 of Gyanam Building in Powai violated regulations, as no permission for from residential to commercial had been obtained.
Temporary Respite for Powai Day-Care Centre Amid Battle
The court noted that the petitioners had already filed applications for before . 's counsel, , submitted on instructions that once the petitioners comply with outstanding requisitions within two weeks, the authority would consider the application within a further two weeks. The bench accordingly directed to pass appropriate orders within four weeks from the date of the order.
In a significant , the bench ordered:
"Considering that the day-care centre activities are being conducted in the premises, only in the
and
, we permit the said activities to be carried out for a period of six weeks from today."
The court made it clear that if the petitioners fail to obtain , may take appropriate action for closing down the activities, subject to any .
Residents Express Strong Objections to Commercial Use
, appearing for respondent Nos. 7 to 40—presumably other society members—raised strong objections to the day-care activities. He argued that operating a commercial establishment in a residential building without permission is absolutely impermissible. The court acknowledged the objection but granted limited protection solely to protect the students and to allow the petitioners time to make alternate arrangements if their application is rejected.
The judges further directed that the society members may file objections to the application within one week, which must duly consider.
Airbnb Flats Also Under Scrutiny
In a related petition (Writ Petition No.19795 of 2026), the court took note of allegations that Flat Nos. 404, 804, 904, and 1004 in the same building were being used for commercial purposes by letting them out on a and operating as Airbnb facilities. Both and the other residents confirmed this usage. The bench clarified:
"We clarify that it is open for
to take appropriate action against such flats in accordance with law."
The court disposed of both petitions with these directions, providing a tight timeline: to decide the application within four weeks; residents to file objections within one week; and the to the day-care centre to last for six weeks.
The case highlights the ongoing tension between residential by-laws and the growing demand for child-care facilities in urban housing societies, especially those constructed by public authorities like . The bench's balancing act—acknowledging the while prioritising the interests of children—offers a pragmatic, if temporary, resolution.
(Case Title: along with )
