Bombay High Court
New Bhim Nagar S.R.A Co-Operative ... vs The State Of Maharashtra Th. Its ... on 20 August, 2025
2025:BHC-OS:13904-DB
JPP 10. WPL 13514.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 13514 OF 2024
Star Builders and Developers through
its Proprietor ... Petitioner
V/s.
State of Maharashtra, through Secretary,
Urban Development Department and Ors. ... Respondents
WITH
INTERIM APPLICATION (L) NO. 14168 OF 2024
IN
WRIT PETITION (L) NO. 13514 OF 2024
Faizan E-Gaus-O-Raza Trust ... Petitioner
V/s.
Star Builders and Developers through
its Proprietor ... Respondent
WITH
INTERIM APPLICATION (L) NO. 14076 OF 2024
IN
WRIT PETITION (L) NO. 13514 OF 2024
Shamsher Ahmed Shaikh ... Petitioner
V/s.
Star Builders and Developers through
its Proprietor ... Respondent
WITH
WRIT PETITION (L) NO. 17732 OF 2024
New Bhim Nagar S.R.A. Co-Operative
Housing Society Ltd. (Proposed) ... Petitioner
V/s.
State of Maharashtra, through its Additional
Chief Secretary, Urban Development Department and Ors. ... Respondents
_______________________________________
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JPP 10. WPL 13514.2024.doc
Mr. A.A. Kumbhakoni, Senior Advocate i/b. Akashay Shinde for the Petitioner
in WPL 13514/2024
None for the Petitioner in WPL 17732/2024
Mr. Altaf Khan fwith Mr. Akash Mangalgi for Respondent Nos. 5 to 38 in WP
13514/2024 and for Respondent Nos. 6 to 39 in WPL 17732/2024
Ms. Oorja Dhonde i/b. Ms. Komal Punjabi for the Respondent No.4 - MCGM
in WPL 13514/2024 and WPL 17732/2024
Ms. Dhruti Kapadia with Ms. Kavita Dhanuka for Respondent - SRA in IAL
14076/2024
Mr. Milind More, Addl.G.P. for Respondent - State in WPL 13514/2024
Mr. Milind More, Addl.G.P with Ms. Nazia Sheikh, AGP for Respondent -
State in WPL 17732/2024
_______________________________________
CORAM : ALOK ARADHE, CJ. AND
SANDEEP V. MARNE, J.
DATE : 20 AUGUST 2025
P.C. :
1. The Petitions are filed challenging Notification dated 15 March
2024, by which the reservation for Cemetery is imposed in respect of the
concerned plot of land.
2. It is the case of the Petitioner that the plot is affected by slum
and the Petitioner is appointed by the Slum Rehabilitation Authority to
execute slum rehabilitation scheme in respect of the said plot of land. It
appears that initially some portion of plot was earmarked for the purpose of
reservation of Cemetery. It is the case of the Petitioner that the State
Government issued Notification dated 11 September 2022 and Corrigendum
JPP 10. WPL 13514.2024.doc
dated 14 November 2022 deleting the reservation of Cemetery in respect of
the concerned plot of land. The Petitioner contends that in PIL (L) No.
24597 of 2023, certain orders were passed by this Court which have been
misinterpreted by the Municipal Corporation for Greater Mumbai as well as
by the State Government as if this Court directed re-instatement of
reservation for Cemetery on the concerned plot of land. The Petitioner
contends that the impugned Notification dated 15 March 2024 is issued re-
instating the reservation of Cemetery in respect of the concerned plot of land
by treating order passed by this Court as a direction for re-instatement of the
said reservation. Reliance is placed on the judgment of the Apex Court in
Bhikhubhai Vithlabhai Patel and Ors. v/s. State of Gujarat and Anr. 1 in
support of the contention that while performing planning functions,
directives issued by any third party, including Court cannot be taken into
consideration and that the planning authority as well as the State
Government has to apply its own independent mind while preparing a
development plan including the reservation on various plots of land.
4. After arguing the Petition to some extent, Mr. Kumbhakoni,
learned Senior Advocate appearing for the Petitioner submits that the
Petitioner is desirous of making a representation both to the MCGM as well
as to the State Government for deletion of reservation of Cemetery on the
concerned plot of land and for withdrawal of Notification dated 15 March
1 (2008) 4 SCC 144
JPP 10. WPL 13514.2024.doc
2024. He would submit that attention of the Planning Authority as well as
the State Government would be invited to the judgment of the Apex Court in
Bhikhubhai Vthlabhai Patel (Supra).
5. Accordingly, the Writ Petitions are disposed of granting liberty to
the Petitioners to make a representation to MCGM as well as to the State
Government for deletion of reservation of Cemetery on the subject plot of
land as well as for withdrawal of the Notification dated 15 March 2024.
6. All contentions of the parties are kept open. We clarify that we
have not expressed any opinion on the merits of the matter.
7. Representation, if made by the Petitioner, shall be decided on its
own merits by the Planning Authority and by the State Government as
expeditiously as possible.
8. With disposal of the main Petitions, nothing would survive in the
Interim Applications and the same are also disposed of.
( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE )
