Case Note & Summary
The petitioner, Dharavi Koli Jamat Trust, filed a writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to call for records and a writ of mandamus to direct the respondents to determine, demarcate and finalise the outer boundaries of Dharavi Koliwada. The petitioner alleged that there has been an inordinate delay and failure on the part of the officials of the Urban Development, City Survey, Revenue & Forest and Fisheries Departments of the State of Maharashtra, the Dharavi Redevelopment Project (Slum Rehabilitation Authority), and the Municipal Corporation of Greater Mumbai to discharge their official duty. The petitioner also sought a direction to respondent No.4, M/s. Navbharat Mega Developers Private Limited, to restrict implementation of the Dharavi Redevelopment Project to the area for which plans are approved. The court, after hearing the parties, issued a writ of mandamus directing the respondents to expeditiously determine, demarcate and finalise the outer boundaries of Dharavi Koliwada. The court did not grant the relief of restricting the redevelopment project, as the primary issue was the demarcation of boundaries.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Public Duty - The petitioner sought a writ of mandamus to compel the respondents to demarcate the outer boundaries of Dharavi Koliwada, alleging inordinate delay. The court held that the respondents have a public duty to demarcate boundaries and directed them to complete the process expeditiously. (Paras 1-3)
Issue of Consideration
Whether the respondents have failed in their duty to determine, demarcate and finalise the outer boundaries of Dharavi Koliwada, and whether a writ of mandamus should be issued to compel them to do so.
Final Decision
The court issued a writ of mandamus directing the respondents to expeditiously determine, demarcate and finalise the outer boundaries of Dharavi Koliwada.
Law Points
- Article 226 of the Constitution of India
- Writ of Mandamus
- Writ of Certiorari
- Demarcation of boundaries
- Public duty
- Delay in administrative action
Case Details
WRIT PETITION (L) NO.12541 OF 2026
M. S. KARNIK, S. M. MODAK
Ravi R. Gadagkar i/b. Adv. Usha R. Gadagkar for petitioner; Mr. Milind More, Addl.G.P. for respondent No.1; Adv. Ravleen Sabharwal a/w Adv. Aarushi Yadav for respondent No.2; Adv. Anjali Ghuge a/w Adv. Vaishali Ugale for respondent No.3; Mr. Ravindra Kadam, Senior Advocate a/w Adv. Rati Patni, Adv. Vikrant Dere i/b. Wadia Ghandy & Co. for respondent No.4
State of Maharashtra, Dharavi Redevelopment Project (Slum Rehabilitation Authority), Municipal Corporation of Greater Mumbai, M/s. Navbharat Mega Developers Private Limited
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking writ of certiorari and mandamus regarding demarcation of boundaries of Dharavi Koliwada.
Remedy Sought
Petitioner sought a writ of certiorari to call for records and a writ of mandamus to direct respondents to determine, demarcate and finalise outer boundaries of Dharavi Koliwada, and to restrict respondent No.4's redevelopment project to approved area.
Filing Reason
Alleged inordinate delay and failure of respondents to demarcate and finalise the outer boundaries of Dharavi Koliwada.
Issues
Whether the respondents have failed in their duty to demarcate the outer boundaries of Dharavi Koliwada?
Whether a writ of mandamus should be issued to compel the respondents to perform their duty?
Submissions/Arguments
Petitioner argued that there has been inordinate delay and failure on part of respondents to demarcate boundaries.
Respondents likely opposed the petition, but specific arguments not extracted from text.
Ratio Decidendi
The respondents have a public duty to demarcate the boundaries of Dharavi Koliwada, and the delay in doing so justifies the issuance of a writ of mandamus under Article 226 of the Constitution of India.
Judgment Excerpts
This petition under Article 226 of the Constitution of India seeks the following substantive reliefs :-
that this Hon'ble Court be pleased to issue a writ of Mandamus or writ in the nature of Mandamus ... to determine, demarcate and finalise of the outer boundaries of Dharavi Koliwada expeditiously
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay. The court heard the matter and delivered judgment on 18th April 2026.
Acts & Sections
- Constitution of India: Article 226
