[Cites 3, Cited by 0]
Bombay High Court
Kantaben N. Shah Since Deceased Thr ... vs Designated Officer , Executive ... on 27 February, 2026
P-1. IA 1720.2026
Nilesh Shah vs. Designated Officer, MCGM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1720 OF 2026
IN
APPEAL FROM ORDER NO. 455 OF 2022
Nilesh Navinchandra Shah and Ors. ... Applicants
(Orig. Appellants)
IN THE MATTER BETWEEN
Kantaben Navinchandra Shah and Ors. ... Appellants
(Orig. Plaintiffs)
V/s.
Designated Officer, Executive Engineer
"D" Ward MCGM and Anr, ... Respondents
_______________________________________
Mr. Rohaan Cama a/w. Mr. Anosh Sequeira a/w. Ms. Sakina Electricwala i/b.
Avyaan Legal for the Applicants/Appellants
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 27th FEBRUARY 2026
P.C. :
1. The present matter has been placed on the Production Board
today pursuant to an urgent circulation that was granted last evening at
about 6.30 p.m. The urgency in the matter emanates from a notice dated
24th February 2026 issued by the Respondent - Corporation under Section
488 of the Mumbai Municipal Corporation Act, 1888 (MMC Act), which gives
notice to the Applicants that the noticed unauthorized structure will be
-------------------------------------
Order dated 27th February 2026
P-1. IA 1720.2026
Nilesh Shah vs. Designated Officer, MCGM
demolished today at/after 10.30 a.m.
2. In order to appreciate the controversy in this matter, it is
necessary to set out some facts which are necessary to adjudicate the present
dispute, and which are set out hereunder :-
(i) The Appeal from Order No.455 of 2022 challenges an
order dated 7th April 2022 passed by the Trial Court in Notice of
Motion preferred by the Applicants herein/Original Plaintiff. In
the said Notice of Motion, the Applicants sought interim reliefs
against the Respondent - Corporation from taking any steps
pursuant to the notice issued under Section 351 of the MMC Act
dated 29th January 2022 read with the subsequent order dated
22nd March 2022. After hearing the parties, by the order dated
7th April 2022, the Trial Court dismissed the Notice of Motion
and refused the interim reliefs to the Original Plaintiffs who
were thereafter constrained to prefer the present Appeal from
Order.
(ii) On 5th May 2022, this Court passed an interim order in
Interim Application (St.) No. 11349 of 2022 preferred by the
Applicants in the Appeal from Order directing the Respondent -
Corporation not to take any adverse action against the Appellant
-------------------------------------
Order dated 27th February 2026
P-1. IA 1720.2026
Nilesh Shah vs. Designated Officer, MCGM
till the next date of hearing. It appears that thereafter, the said
matter did not come up for hearing until 2026.
(iii) In 2026, two orders came to be passed. The first of which
was passed on 16th January 2026, whilst the other on 23 rd
January 2026. As a result, due to non-appearance on behalf of
the Appellant, the Appeal from Order stood dismissed for want
of prosecution and accordingly, all pending Interim Applications
and interim orders of protection stood withdrawn. Immediately
thereafter, it appears that the Respondent - Corporation issued
the notice dated 24th February 2026 on the Appellants under
Section 488 of the MMC Act stating that they would visit the
premises and demolish the noticed unauthorized structure.
(iv) Mr. Rohaan Cama, learned Counsel who appears on behalf
of the Applicants has taken me through the averments made in
the present Interim Application wherein the reason for non-
appearance of the Appellants/their Advocates has been set out.
The same was because the Advocates who had been appearing
for the Appellants had left the Law Firm which was initially
representing the Appellants and commenced their independent
practice and as a result thereof, the matter could not be
-------------------------------------
Order dated 27th February 2026
P-1. IA 1720.2026
Nilesh Shah vs. Designated Officer, MCGM
attended.
(v) This Court is satisfied with the said reason and
accordingly, deems it fit to recall the order dated 23 rd January
2026 and restore the captioned Appeal from Order along with
the Interim Application no. 2090 of 2022 to the file of this Court
by condoning the delay of one day in preferring the same.
(vi) Mr. Cama states that the notice of today's listing has been
given by the Appellants to the Respondent - Corporation and
also to the Intervener who had sought to apply therein. He
tenders a copy of the e-mail dated 26 th February 2026 sent at
8:46 p.m. to the Respondent - Corporation and the Advocate for
the Intervener. He also invites my attention to a subsequent e-
mail of today's date that was sent at 9:35 a.m. to the same
parties. By these two e-mails, the said parties were put to notice
of today's listing. However, despite such notice, none are
present on their part.
(vii) A perusal of the e-mails reveal that the same has been sent
to the Respondent - Corporation on the same e-mail ID that is
mentioned in the notice dated 24 th February 2026 issued by the
-------------------------------------
Order dated 27th February 2026
P-1. IA 1720.2026
Nilesh Shah vs. Designated Officer, MCGM
Respondent - Corporation. In addition, Mr. Cama states that a
hard copy of the present Interim Application has also/is also
been served this morning at around 11.00 a.m. The said e-mails
are taken on record. Mr. Cama undertakes to file an Affidavit-of-
Service to that effect in the course of the day.
(viii) Upon perusal of the record and in particular, the order
that was passed in the matter as far back as on 5 th May 2022,
under which, the Appellants have enjoyed protection from
demolition since the past four years, this Court deems it fit to
restore and continue such interim protection granted by this
Court vide order dated 5th May 2022.
3. A notice of this order shall immediately be given by the
Appellants to the Respondent - Corporation.
4. All parties shall act on an authenticated copy of this order duly
signed by the Private Secretary/Personal Assistant of this Court.
5. Place the matter for further consideration on 10th March 2026.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2026.02.27
-------------------------------------
Order dated 27th February 2026
