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2024 DAILYLAW 1793 (BOM)

QASIM MOHAMMED AYYUB MOMIN AND ANR v. THE COMMISSIONER BHIWANDI NIZAMPUR CITY MUNICIPAL AND ORS

WP/3695/2024 · 2026-08-19

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Judgment text

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46-WP-3695-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3695 OF 2024 Mr. Qasim Mohammad Ayyub Momin and Anr. .....Petitioners Versus The Commissioner Bhiwandi-Nizampur City Municipal Corporation and Ors. .....Respondents ..... Mr. Rehan H. Ghojaria i/b Mr. Mohammed M. Patel, for the Petitioners. Mr. Narayan R. Bubna a/w Mr. Aryanraj Achhra, for the Respondents- Corporation. Mr. Sachin Pawar, for the Respondent Nos.6 to 9. ..… CORAM : M. S. KARNIK & SANDESH D.PATIL, JJ. DATE : 19th AUGUST 2026 P.C.:- 1. Heard learned Counsel for the Petitioner. 2. The copy of the letter dated 18th August, 2026 addressed to the Deputy Commissioner (Encroachments and Unauthorized Constructions), Bhiwandi Nizampur City Municipal Corporation, Bhiwandi by the Assistant Commissioner, Bhiwandi Nizampur City Municipal Corporation, Bhiwandi has been placed on record. The said communication records that on 18th August, 2026, the action for Manisha 1/3 MANISHA BALKRISHNA TALEKAR Digitally signed by MANISHA BALKRISHNA TALEKAR Date: 2026.08.21 10:49:05 +0530 46-WP-3695-2024.doc demolition could not be undertaken as the police protection was not provided. 3. Learned Counsel for the Respondents-Corporation submitted that during the rainy season it may be difficult to initiate action for demolition in terms of the policy. On instructions, learned Counsel for the Respondents-Corporation submits that within a period of three months from today the action for demolition will be undertaken by the Corporation. 4. The in-charge of the police station shall provide the necessary police protection for this purpose on a request made by the Corporation. 5. In view of stand of the learned Counsel for the Respondents- Corporation, nothing survives for consideration in the present Petition. 6. Liberty to apply in case of difficulty. It is made clear that, this is subject to any claim being set up by the occupants and legal impediments, if any. Manisha 2/3 46-WP-3695-2024.doc 7. Needless, to mention that the demolition obviously has to proceed in accordance with law. 8. In view of above, Writ Petition No.3695 of 2024 stands disposed of. (SANDESH D.PATIL, J.) (M. S. KARNIK, J.) Manisha 3/3