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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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"P.C.:-
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
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Corporation is not acting as per its own affidavit. This mischief of the
Corporation is deprecated and no reasons are forthcoming why such a
letter is issued despite its affidavit. Therefore we reject the application
for limited protection as is sought today. It is for the Corporation to
decide its own course of action.
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
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