HC stays further demolition in building that housed MM Mithaiwala

Bombay HC restrains BMC from further demolition of MM Mithaiwala shop building opposite Malad railway station, calls BMC notice to owners ambivalent and omnibus.

The Bombay high court has temporarily restrained the Brihanmumbai Municipal Corporation (BMC) from carrying out any further demolition in the building that housed the famous MM Mithaiwala shop opposite Malad railway station.

Mumbai, Apr 28 (ANI): The outlets of 'MM Mithaiwala' and 'Delhi Sweets' sweet shops being razed by Brihanmumbai Municipal Corporation (BMC) alongside Anand Road along with 19 other shops outside Malad Station (West) in order to widen the road, in Mumbai on Friday. (ANI Photo) (Vijay Shankar Bate)

A single-judge bench of justice NJ Jamadar, while hearing a plea on May 2, called the BMC notice to the owners of Vasanti Bhuvan and Nathanlal Estate ambivalent and omnibus.

Advocate Sanjeev Singh, appearing for Suresh and Bharat Gupta, said the notice issued by the BMC on April 25 “does not advert to any statutory provisions in exercise of which the plaintiff-appelants were called upon to remove the structure”.

The BMC’s counsel, Joel Carlos, contended that the Dindoshi court on April 27 supported the civic body’s move and based its decision on a previous notice issued on November 18, 2022, which said the structure was to be razed to make way for an infrastructure project. The notice in question was only an order which executed the previous notices, he said.