903. AO 249.2021 Shafique Shaikh vs. The Asstt. Municial Commissioner IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 249 OF 2021 WITH INTERIM APPLICATION NO. 2279 OF 2021 Shafique Ahmed Masroof Ahmed Shaikh … Appellant/Applicant V/s. The Assistant Municipal Commissioner P/North Ward and Anr. … Respondents _______________________________________ Mr. Amogh Singh a/w. Mr. Rahul Arora and Mr. Sarvesh K. Dixit for the Appellant Mr. A.Y. Sakhare, Senior Advocate a/w. Ms. Neeta Jadhav i/b. Ms. Komal Punjabi for Respondent – BMC Mr. Rohan Kharat, AE, Maintenance Dept. P/North Ward present Mr. Pravin Rekadge, SE, Maintenance Dept. P/North Ward present _______________________________________ CORAM : FARHAN P. DUBASH, J. DATE : 27th FEBRUARY 2026 P.C. : 1. Mr. Amogh Singh, learned Counsel appears on behalf of the Appellant. On instructions of his client who is present in Court today, Mr. Singh makes a statement and undertakes that the Appellant shall vacate the subject structure viz. structure no. 99 situated at Karman Govind Chawl, Hameira Park, Pathanwadi, Rani Sati Marg, Malad (East), Mumbai-400 097 (said structure), on or before 27th March 2026. The said statement is ------------------------------------- Order dated 27th February 2026 JYOTI PRAKASH PAWAR Digitally signed by JYOTI PRAKASH PAWAR Date: 2026.03.04 22:31:16 +0530 903. AO 249.2021 Shafique Shaikh vs. The Asstt. Municial Commissioner accepted and treated as an undertaking to this Court. 2. It is made clear that, in the event the Appellant fails to honour the said undertaking, the Respondent – Corporation shall be at liberty to take such steps as may be available to it in accordance with law to demolish the said structure, without issuing any fresh notice and with police assistance, if required. 3. Mr. Singh further makes a statement that the Appellant shall forthwith make an application to the Respondent – Corporation seeking allotment of an alternate premises in lieu of surrendering the said structure. 4. Mr. Sakhare, learned Senior Advocate who appears on behalf of the Respondent - Corporation, on instructions from his client whose officers are present in Court today, states that within a period of two weeks from the date on which the Appellant makes the necessary Application to the Respondent - Corporation, the Corporation shall provide a list of available tenements in accordance with its policy and the Appellant’s entitlement, and shall thereafter facilitate the process as expeditiously as possible. He further states that after the said structure is surrendered and demolished within a period of two to three weeks thereafter, the Respondent - Corporation shall hand over the alternate premises to the Appellant, subject to the Appellant complying with the formalities as required by the Respondent – Corporation ------------------------------------- Order dated 27th February 2026 903. AO 249.2021 Shafique Shaikh vs. The Asstt. Municial Commissioner in that regard. 5. With this order, nothing survives in the present Appeal which is accordingly disposed of with no order as to costs. 6. All pending Interim Applications taken out in the present Appeal from Order, if any, also stand disposed of in terms of this order, and all interim orders, passed therein, if any, shall stand vacated. ( FARHAN P. DUBASH, J. ) Jyoti Pawar ------------------------------------- Order dated 27th February 2026