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Bombay High Court
Surendra Shah vs Brihanmumbai Municipal Corporation on 23 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
21. IA 1354-26 in EXAL 6061-26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1354 OF 2026
IN
EXECUTION APPLICATION (L) NO. 6061 OF 2026
Surendra Shah ...Applicant
vs.
Brihanmumbai Municipal Corporation & Ors. ...Respondents
Mr. Mayur Khandeparkar with Ms. Pooja Kane i/b Mr. Yogesh Adhia for
the Applicant/Judgment Creditor.
Mr. Chaitanya Chavan with Mr. Rohit Caikwad i/b Ms. Komal Punjabi
for the Respondents No. 1 to 3-BMC.
Mr. Vijay Mankar, AE (Building & Factory) BMC present.
CORAM : ABHAY AHUJA, J.
DATE : 23rd MARCH, 2026
P.C. :
1. When the matter is called out, Mr. Khandeparkar, learned
Counsel appearing for the Applicant submits that the order dated 4 th
March, 2026 has not been complied with by the Respondent No.1-
Corporation as hardly 20% demolition has been carried out despite
directions of this Court to the Commissioner of Police, Mumbai to
render full cooperation to the Municipal Corporation, to the officers
and engineers involved in the implementation of the order by arranging
Digitally
necessary police force and protection, so that the order of the Division
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2026.03.23
Bench dated 20th June, 2025 is complied with. Mr. Khandeparkar
15:16:56
+0530
submits that even the compliance report has not been filed as directed
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21. IA 1354-26 in EXAL 6061-26.doc
by this Court. Mr. Khandeparkar submits that therefore, this Court may
attach the building of the Corporation in terms of prayer Clause 15(b)
(i) of the Interim Application as well as the salaries and allowances of
the Respondents No. 2 and 3 in terms of prayer Clause 15(b)(ii) till the
order dated 20th June, 2025 is complied with in toto and an affidavit be
filed by the Corporation before this Court confirming the said
compliance.
2. Just when this Court is passing this order, Mr. Gaikwad, learned
Counsel appears for the Corporation and tenders across the bar two
orders dated 14th March, 2026 and 18th March, 2026 of a Division
Bench of this Court in Writ Petition (L) No. 9464 of 2026, submitting
that the Corporation has been directed not to proceed with the
demolition of Shops No. 5 to 7 which are in occupation of the
Petitioners herein. Mr. Gaikwad submits that earlier Shops No. 1 to 4
have already been demolished as has been recorded in order dated 14 th
March, 2026 of the Division Bench in the Writ Petition (L) No. 9464 of
2026. Mr. Gaikwad submits that the Writ Petition before the Division
Bench is at the moment being argued.
3. Mr. Khandeparkar submits that no notice of the said Writ Petition
has been given to the Applicant nor the Applicant has been made a
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21. IA 1354-26 in EXAL 6061-26.doc
party to the said Petition. However, if this Court keeps back the matter,
he would be in a position to appear in the matter being argued before
the Division Bench.
4. Accordingly, the matter is kept back.
5. Just when the above order is passed, Ms. Kane, learned Counsel
assisting Mr. Khandeparkar has entered the Court Room and Mr.
Khandeparker, on instructions, submits that since the Division Bench
was not entertaining the Writ Petition, the Writ Petition (L) No. 9464 of
2026 has been withdrawn by the Petitioners therein.
6. Mr. Khandeparker submits that if that be the case, this Court may
direct the Corporation to carry out the demolition in accordance with
the order of the Division Bench dated 20 th June, 2025 in a time bound
manner, failing which the attachment as prayed for be granted.
7. Mr. Chavan, learned Counsel appearing for the Corporation
submits that out of the nine structures, four structures have already
been demolished and the demolition of the other structures will be
carried out in accordance with the order of this Court dated 20 th June,
2025.
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21. IA 1354-26 in EXAL 6061-26.doc
8. Having heard the learned Counsel and having considered the
submissions, the following order is passed:-
ORDER
(i) Keeping the contentions of the Applicant with respect to the
contempt proceedings open, the Respondents to carry out demolition of
all the structures on the writ land viz land no. 13, Survey No.
156(part), Hissa No. 6(part), corresponding to CTS No. 27,
admeasuring 921 square yards or 771.60 square meters, situated at
village Pahadi, Haji Bapu Road, Malad (East), Mumbai-400 097, within
a period of one week.
(ii) It is reiterated that the Commissioner of Police, Mumbai to
render full co-operation to the Municipal Corporation and the officers
and engineers involved in the implementation of this order by
arranging necessary police force and protection, so that the work of
demolition as directed by this Court vide order dated 20 th June, 2026,
the SLP in respect whereof has already been dismissed on 9 th December,
2025 can be smoothly completed.
9. List on 30th March, 2026 under the caption "For Compliance".
21. IA 1354-26 in EXAL 6061-26.doc
10. Mr. Chavan requests for 2nd April. At his request, list on 2 nd April,
2026. However, Mr. Khandeparkar request for 1 st April, 2026.
Accordingly, list on 1st April, 2026 under the caption "For Compliance".
11. Let a compliance report with respect to this order be filed by the
Respondent-Corporation by the next date with copy to the others.
12. Let objections to the Execution Application be removed and
registered number be obtained by the next date.
(ABHAY AHUJA, J.)
