Mumbai, August 21, 2026: The Bombay High Court has issued notice to the Mira Bhayandar Municipal Corporation (MBMC) and its commissioner for allegedly disobeying an interim order protecting a developer from adverse action, purportedly at the behest of a local MLA.
Court Questions Civic Action
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed strong displeasure over the civic body’s conduct and questioned why it followed an MLA’s directions despite a Division Bench order.
The court was hearing a contempt petition filed by M/s Grandbuild Land Developers LLP. Senior advocate Birendra Saraf, appearing for the developer, said that despite the court’s April 27 order, the corporation issued a communication directing that construction be stopped or the permission would be cancelled.
The developer subsequently asked MBMC to withdraw the stop-work notice and comply with the court’s order. Saraf said that following MBMC’s communication, MahaRERA allegedly placed the project in abeyance, froze the developer’s bank accounts and barred it from executing sale deeds.
MahaRERA Action Questioned
The bench noted that the situation had worsened as MahaRERA had acted without being informed about the High Court’s protection.
“Our judicial conscience is shocked…” the bench observed.
The judges said MBMC had earlier sought time to file its reply and the court had specifically directed that no adverse order be passed or precipitate action taken.
“What prompted you to obey an MLA and disobey a Division Bench order? You will obey an MLA but not a Division Bench? This is not expected..,” the bench said.
Commissioner Offers Apology
Commissioner Radhabinod Aribam Sharma appeared through video conference and offered to withdraw the orders and tender an apology. The court, however, refused to close the contempt proceedings.
“We are not accepting an apology. This is a gross case,” the bench said.
Sharma said he was unaware of the interim order and offered to file an affidavit. The court said his affidavit and apology would be considered.
The bench directed MBMC to withdraw all stop-work communications within three working days. It also directed MahaRERA to remove adverse abeyance messages concerning the project from its website within five days and unfreeze the developer’s bank accounts.
Dispute Over Windsor Project
The dispute concerns the developer’s multi-storey residential project, “Windsor”, and Reservation No. 138, earmarked for a primary school and playground under the Unified Development Control and Promotion Regulations.
The developer claims it transferred 1,066.42 sq m of land to MBMC in February 2023 and agreed to construct a school building with over 2,000 sq m of built-up area. It alleges the civic body later revised its demand to 2,000 sq m of land following a complaint by a local MLA. The developer has challenged the action as arbitrary and contrary to the development regulations.
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During the hearing, the bench remarked that they had come across a similar instance yesterday where the municipal commissioner was not made aware about a statement made to the High Court regarding maintaining status quo with regard to Neville D’Souza Football Ground at Bandra Reclamation.
BMC commissioner Ashwini Bhide, through senior advocate Girish Godbole, has informed the court that she was not aware about the statement made by BMC advocate on August 10.
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