Bombay High Court
Anwar Mohd Ishaq Momin And Anr vs Bhiwandi Nizampur City Municipal ... on 22 May, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6736 OF 2026
Mr. Anwar Mohd. Ishaq Momin & Anr. .. Petitioners
Vs.
Bhiwandi-Nizampur City Municipal
Corporation and Others. .. Respondents
Mr. Mandar Limaye with Mr. Vedant Bende, Advocates for the
Petitioners.
Mr. Narayan Bubna (through V.C.), Advocate for the Respondent Nos. 1
to 3-Corporation.
CORAM : GAUTAM A. ANKHAD &
SANDESH D. PATIL, JJ.
DATE : 22nd MAY 2026
[ VACATION COURT ]
P.C. :
1. Mr. Mandar Limaye, learned counsel for the Petitioers tendrs draft amendment which are taken on record. Amenement shall be carried out forthwith. Re-verification is dispensed with. Copy of the amended Petition be served upon the Respondents.
2. Admittedly, construction of the additional floors has been carried out in 2019 and three floors of the building are illegal. On 7 th February 2025, Corporation had issued notice of demolition. In the connected Writ Petition No.12351 of 2024, this Court has passed the following order on 8th May 2026:
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1) Mr. Bubna, learned Advocate appearing for Respondent Nos. 2 to 7 tendered across the bar Affidavit of compliance dated 7th May, 2026 duly affirmed by Shri Maqsoom Saikh, In-charge Assistant Commissioner, Ward Committee No.1 of Bhiwandi Nizampur City Municipal Corporation.
1.1) The statement made therein are accepted.
2) At the request of Mr. Bubna, stand over to 18 th June, 2026."
3. Mr. Mandar Limaye, submits that on 11th May 2026 the Petitioners requested the Corporation to provide a No Objection Certificate to enable them to file an application for regularization of their structures. In response, on 20th May 2026, Respondent no.3 has inter alia stated that the matter is sub judice before this Court in Writ Petition No.12351 of 2024 and that it would be appropriate for the Petitioners to seek permission from this Court for regularization of the subject structure. It is on this basis that Mr. Mr. Limaye submits that until the matter is listed on 18th June 2026, limited protection be granted to the Petitioners.
4. We have perused the record and are of the prima facie view that the Corporation on one hand has filed an affidavit of compliance dated 7th May 2026 and informed the Court on 8 th May 2026 that action shall be taken as per the said affidavit, whereas on the other hand, the 2/3
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5. List this matter on 18th June 2026 alongwith Writ Petition No.12351 of 2024.
[ SANDESH D. PATIL, J.] [GAUTAM A. ANKHAD, J.] BHARAT DASHARATH PANDIT Digitally signed by BHARAT DASHARATH PANDIT Date: 2026.05.22 22:24:34 +0530 3/3
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