Bombay High Court
Shaikh Salma Abdul Rehman vs Executive Engineer 'C-1' Division ... on 16 January, 2024
Author: N.J.Jamadar
Bench: N.J.Jamadar
2024:BHC-OS:886
902 IAL 1345 OF 2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.1345 OF 2024
IN
WRIT PETITION NO.707 OF 2020
Shaikh Salma Abdul Rehman ... Applicant/Petitioner
versus
Executive Engineer, C-1 Division
and Ors. ... Respondent
Mr. Rakesh Kumar with Mr. Vijendra Jabra, Mr. Akash Giri, Mr. Aslam Shaikh Mr.
Vikash Giri, Mr. Tabrez Khwaja with Mr. B.M.Shaikh, for Petitioner.
Ms. Shreya Shah i/by Mr. P.G.Lad for Respondent No.2.
Ms. Madhuri More, for Respondent No.3.
Mr. Gaurav Joshi, Sr. Advocate with Mr. Karl Tamboly, Mr. Feroze Patel, Mr. Ryan
D'Souza, Ms. Fatema Kachwalla, Mr. Ahsan Allana, Mr. Huzefa Saiffee, Mr. Yogini
Borade i/by JSA for Respondent No.4.
CORAM: N.J.JAMADAR, J.
DATE : 16 JANUARY 2024
P.C.
1. Heard the learned Counsel for the parties.
2. This application is preferred in Writ Petition No.707 of 2020 seeking to
restrain Respondent Nos.1 to 3 from demolishing the ground floor structure of the
building i.e. Salamat House, 8, Saifee Jubilee Street, Mumbai and from demolishign
Room No.6 on the first floor in the said building.
3. It would be suffice to note that this Petition along with WP No.704 of
2020 were extensively heard by this Court and are reserved for orders. In the
intervening period, in another Writ Petition bearing No.3463 of 2021, the Division
Bench of this Court passed an order on 3 January 2024.
902 IAL 1345 OF 2024.doc
4. On 12 January 2024, at the instance of the parties, these Petitions were
taken on production board and the parties tendered copies of the order passed by the
Division Bench of this Court in the said Writ Petition No.3463 of 2021. The Court
was also informed that the SLP preferred against the said Order dated 3 January 2024
came to be dismissed by the Supreme Court on the same day.
5. This Court does not propose to expand the scope of these Petitions and
re-hear the matters. When Writ Petition (L) No.3118 of 2019 and connected Petitions
were listed, on 31 October 2019, this Court had granted ad-interim relief in terms of
prayer clause (c), which reads as under :
"(c) That pending the hearing and final disposal of the present Petition, the
execution, operation and effect of the impugned Notice dated 23.10.2019 be
stayed and the Respondents be restrained from taking any steps in
furtherance or in pursuance thereof;"
6. During the course of hearing of these Petitions as well as while reserving
the matters for judgments, this Court had continued the aforesaid ad-interim relief till
the pronouncement of the judgment.
7. Thus, ad-interim relief in terms of prayer clause (c), extracted above,
shall continue to operate till the pronouncement of the judgment in these Petitions.
8. With the aforesaid clarification, the Interim Application stands disposed.
9. The applicant is at liberty to work out the remedies as available in law.
( N.J.JAMADAR, J. )
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 18/01/2024 10:16:44
