The replacement of roofing materials with original-grade components, provided structural dimensions and load-bearing elements remain unaltered, constitutes exempt tenantable repairs. Administrative demolition orders concerning such works, issued absent a reasoned investigation, are illegal and subject to judicial intervention.

1. Heard Mr. Bhanage, learned Advocate for the Petitioner and Ms. K.H. Mastakar, learned Advocate for Respondents.

2. In view of the urgency shown in this matter, circulation was granted to the Petitioner and the petition was taken up for hearing on 09.10.2025.

3. Rule. Rule made returnable forthwith and heard finally by consent of the parties.

4. Petitioner is aggrieved by the Notice bearing No. E/D01E / 210 / 354A-MMC ACT / E85N01 / 16-08-2025 dated 21/08/2025 issued by the Respondent No. 3 under section 354A of the Mumbai Municipal Corporation Act, 1888 (“said Act” for short), by which the Petitioner is directed to stop erection of the building / work; to produce permission approved by the competent authority for erection of the building / erection of the work, within 24 hours, failing which the same would be removed from the site (“impugned Notice” for short).

5. Pleadings in the matter :

(a) Petitioner is the owner in possession of property situated at 5-A, Hansraj Lane, Byculla (E), Mumbai. Petitioner undertakes business of manufacturing and distributing Oil and Soap from the structure (factory) existing in the said property.

(b) Said structure being old required repairs to avoid water leakage during monsoon and to sustain weather.

(c) Petitioner vide letter dated 21.07.2025 addressed to the Respondent No. 4 requested for the permission to carry out tenantable repairs by replacing old rusted Tin sheets (GI sheets) on the roof and along the sides of the said structure to stop the leakages.

(d) Despite the said intimation and request for permission if any, the Respondents failed to respond to the letter dated 21.7.2025. In view of the heavy monsoon and leakage from the roof, the Petitioner was constrained to replace the old rusted Tin sheets (GI sheet) on the roofs as well as on the side of the structure.

(e) Respondent No. 3 carried out inspection of the said premises.

(f) On 21.08.2025, Respondent No. 3, issued the impugned Notice .

(g) By reply dated 25.08.2025 the Petitioner informed the Respondent No. 2 that the Petitioner had neither erected any building nor carried out any work which would attract action as referred in the impugned Notice. Petitioner specifically stated that the Petitioner had replaced the roof of the existing structure without any structural change to the building.

(h) On 07.10.2025 at about 11.30 a.m. the Respondent No. 2 visited the said property and orally directed the Respondent No. 3 to start the demolition process in terms of the impugned Notice . Petitioner is therefore before this Court seeking the following substantial reliefs:

“A. Quash and set aside the Notice u/s. 354 A of the Mumbai Municipal Corporation Act, 1888 dated 21.08.2025 bearing no. E/DO1E/210/354A - MMC ACT/E85N01/16-08-2025 with reference no. 200352 issued by the Respondent No. 3 (Exhibit C) being arbitrary, illegal and violative of the Petitioner's constitutional and statutory right.

B. While quashing and setting aside the Notice u/s. 354 A of the Mumbai Municipal Corporation Act, 1888 dated 21.08.2025 bearing no. E/DO1E/210/354A – MMC ACT/E85N01/16-08-2025 with reference no. 200352 issued by the Respondent No. 3, This Hon'ble Court may be pleased to declare that the partial demolition action undertaken by the Respondents is illegal, arbitrary and in violation of the provisions of law;

C. May be pleased to restrain the Respondents to carry out a