Bombay High Court
SHAFIQUE AHMED MASROOF AHMED SHAIKHversusTHEASSISTANT MUNICIPAL COMMISSIONER -P-NORTH WARD AND ANOTHER
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court held that the appellant must vacate the structure by the specified date and the corporation may demolish it without further notice, provided the appellant applies for alternate premises as directed.
Summary
The appellant, Shafique Shaikh, occupied structure No. 99 in Malad (East), which the municipal corporation ordered to be demolished. The appellant appealed the order, and the High Court required him to vacate the structure by 27 March 2026, treating this as a binding undertaking. The court further allowed the corporation to demolish the structure without issuing a fresh notice, even with police assistance if needed, should the appellant fail to comply. The appellant was directed to apply for an alternate premises, after which the corporation must, within two weeks, provide a list of available tenements and facilitate relocation. Following surrender and demolition within two to three weeks, the corporation will hand over the alternate premises, subject to required formalities. The appeal was disposed of with no order as to costs, and all pending interim applications were vacated.
Issues considered
- Whether the appellant is obligated to vacate the disputed structure by the stipulated date.
- Whether the municipal corporation may demolish the structure without issuing a fresh notice.
- What procedure must the appellant follow to obtain an alternate premises from the corporation.
Subjects
- municipal corporation
- demolition
- undertaking
- alternate premises
- appeal disposal
- court order
Judgment
903. AO 249.2021
Shafique Shaikh vs. The Asstt. Municial Commissioner
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
JYOTI
by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.03.04
APPEAL FROM ORDER NO. 249 OF 2021
22:31:16 +0530
WITH
INTERIM APPLICATION NO. 2279 OF 2021
Shafique Ahmed Masroof Ahmed Shaikh … Appellant/Applicant
V/s.
The Assistant Municipal Commissioner P/North
Ward and Anr. … Respondents
_______________________________________
Mr. Amogh Singh a/w. Mr. Rahul Arora and Mr. Sarvesh K. Dixit for the
Appellant
Mr. A.Y. Sakhare, Senior Advocate a/w. Ms. Neeta Jadhav i/b. Ms. Komal
Punjabi for Respondent – BMC
Mr. Rohan Kharat, AE, Maintenance Dept. P/North Ward present
Mr. Pravin Rekadge, SE, Maintenance Dept. P/North Ward present
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 27th FEBRUARY 2026
P.C. :
1. Mr. Amogh Singh, learned Counsel appears on behalf of the
Appellant. On instructions of his client who is present in Court today, Mr.
Singh makes a statement and undertakes that the Appellant shall vacate the
subject structure viz. structure no. 99 situated at Karman Govind Chawl,
Hameira Park, Pathanwadi, Rani Sati Marg, Malad (East), Mumbai-400 097
(said structure), on or before 27th March 2026. The said statement is
Page 1 of 3
-------------------------------------
Order dated 27th February 2026
903. AO 249.2021
Shafique Shaikh vs. The Asstt. Municial Commissioner
accepted and treated as an undertaking to this Court.
2. It is made clear that, in the event the Appellant fails to honour
the said undertaking, the Respondent – Corporation shall be at liberty to take
such steps as may be available to it in accordance with law to demolish the
said structure, without issuing any fresh notice and with police assistance, if
required.
3. Mr. Singh further makes a statement that the Appellant shall
forthwith make an application to the Respondent – Corporation seeking
allotment of an alternate premises in lieu of surrendering the said structure.
4. Mr. Sakhare, learned Senior Advocate who appears on behalf of
the Respondent - Corporation, on instructions from his client whose officers
are present in Court today, states that within a period of two weeks from the
date on which the Appellant makes the necessary Application to the
Respondent - Corporation, the Corporation shall provide a list of available
tenements in accordance with its policy and the Appellant’s entitlement, and
shall thereafter facilitate the process as expeditiously as possible. He further
states that after the said structure is surrendered and demolished within a
period of two to three weeks thereafter, the Respondent - Corporation shall
hand over the alternate premises to the Appellant, subject to the Appellant
complying with the formalities as required by the Respondent – Corporation
Page 2 of 3
-------------------------------------
Order dated 27th February 2026
903. AO 249.2021
Shafique Shaikh vs. The Asstt. Municial Commissioner
in that regard.
5. With this order, nothing survives in the present Appeal which is
accordingly disposed of with no order as to costs.
6. All pending Interim Applications taken out in the present Appeal
from Order, if any, also stand disposed of in terms of this order, and all
interim orders, passed therein, if any, shall stand vacated.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Page 3 of 3
-------------------------------------
Order dated 27th February 2026
Checking your session…