MADRASSA ARABIA RIZVIA GOUSIYA MASJIDversusSTATE OF MAHARASHTRA THROUGH PUBLIC PROSECUTOR AND 5 ORS.

                                 1 of 6               14-WP-171-2020 (2)
 Sagar Magar

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                    WRIT PETITION NO. 171 OF 2020

Madrassa Arabia Rizvia Gousiya
Masjid                                              … Petitioner
      Versus
State of Maharashtra
Through Public Prosecutor And 5 Ors.                ... Respondents

                                WITH
                 INTERIM APPLICATION NO. 1639 OF 2020

Madrassa Arabia Rizvia Gousiya
Masjid                                              … Applicant
     Versus
Through Public Prosecutor And 5 Ors.                ... Respondents

                                WITH
                 INTERIM APPLICATION NO. 7667 OF 2025

Madrassa Arabia Rizvia Gousiya
Masjid G.B.B.S.D.                                   … Applicant
      Versus
State of Maharashtra,
Through Public Prosecutor And Ors.                  ... Respondents

                                WITH
               INTERIM APPLICATION (L) NO. 30204 OF 2026

Madrassa Arabia Rizvia Gousiya
Masjid G.B.B.S.D.                                   … Applicant
      Versus
State of Maharashtra,
Through Public Prosecutor And Ors.                  ... Respondents
                             2 of 6                 14-WP-171-2020 (2)


                          WITH
           INTERIM APPLICATION NO. 2083 OF 2023

Chetna Nalin Shah                                … Applicant
     Versus
Madrassa Arabia Rizvia Gousiya
Masjid G.B.B.S.D. and 7 Ors.                     ... Respondents


                            __________
Mr. Sachin Dhakephalkar for Petitioner in WP/171/2020 and
Applicant in IAL/30204/2026.
Mr. Suraj Gupte, AGP for the Respondent No. 1 to 4 – State.
Mr. Prashant Chawan, Senior Advocate, a/w Ms. Komal Jadhav i/b
Vavdeep Vora and Associates for Respondent No. 5-MIDC in
WP/171/2020.
Mr. Ashish Kamat, Senior Advocate a/w Mr. Varuj Dhond, Mr. A. R.
Mishra for Respondent No. 6.
Mr. Yatin Shashikant Kochare a/w Ms. Priya Rombade i/b Bharat
Joshi for Intervener in IA/2083/2023.
                            __________

                CORAM : SARANG V. KOTWAL &
                        RANJITSINHA RAJA BHONSALE, JJ.

                DATE     : 2nd SEPTEMBER 2026
PC :

1)         The present petition is filed for setting aside the

Order/letter dated 28th August 2017 issued by the Respondent

No.2 – State of Maharashtra, Home Department, Mantralaya,

Mumbai and for further direction to the Respondent No. 2 to issue

No Objection Certificate or necessary directions to enable the
                               3 of 6                14-WP-171-2020 (2)


Respondent No. 6 to complete the construction work of the Masjid

as per plans approved by Respondent No. 5 – MIDC.


2)         In the present petition, the previous Division Bench of

this Court, vide Order dated 4th August 2022, had issued certain

directions which are advantageous to note. The entire Order for

ready reference reads thus:-


        “1. In pursuance of the order passed by this Court, the
        respondent no.6 has filed an affidavit stating that in the
        approved lay out plan, the respondent no.6 has earmarked
        in red colour an area for constructing the proposed
        masjid. However, the proposal to construct the proposed
        masjid on the location earmarked in red is yet to receive
        approval from MIDC and NOC from Home Department,
        Government of Maharashtra. The respondent no.6 has
        rendered an undertaking in the said affidavit to submit
        the amended plan for the proposed masjid to be
        constructed on the location of the said property to MIDC
        within such time as this Court deems fit. Statements made
        by the respondent no.6 in the said affidavit are accepted.

        2. The respondent no.6 is accordingly directed to submit
        the amended plan for the proposed masjid to be
        constructed on the location earmarked in red colour in the
        plan annexed to the said affidavit to the MIDC within two
        weeks from today. Learned counsel for the respondent
        no.6 states that her client would comply with such order
        without fail and would submit the said amended plan
        within the stipulated time. Statement is accepted.
                               4 of 6                  14-WP-171-2020 (2)


        3. Upon receipt of such amended plan from the
        respondent no.6, MIDC to consider such plan and to pass
        appropriate order within three weeks from the date of
        receipt of such plan and shall communicate the decision
        that would be taken by the petitioner as well as the
        respondent no.6 within three days from the date of
        passing such order.

        4. If any approval is granted by MIDC to construct the
        proposed masjid on the proposed location, the petitioner
        would be at liberty to apply for permission of the Home
        Department, Government of Maharashtra by making an
        application within one week from the date of passing such
        order. If any such application is made by the petitioner for
        seeking permission from the Home Department,
        Government of Maharashtra, the same shall be considered
        on its own merits and in accordance with law within two
        weeks from the date of such application without being
        influenced by the observations made and the conclusion
        drawn in the order dated 28th August, 2017 which is
        subject matter of this petition.

        5. Learned counsel for the respondent no.6 on instructions
        states that the area as agreed by and between the parties
        to the consent terms filed in the civil suit would be offered
        to the petitioner at the place earmarked in red colour in
        the affidavit in reply filed by the respondent no.6.
        Statement is accepted.

        6. Place the matter on board under the caption of
        "Directions" on 20th October, 2022.”

           As can be seen, the said Order gave specific directions

which are to be followed by different parties. In paragraph 4, the
                               5 of 6                      14-WP-171-2020 (2)


Petitioner was granted liberty to apply for permission of the Home

Department,    Government      of       Maharashtra   by   making        an

application within one week from the date of passing of the Order

of approval granted by MIDC.


           We are informed that MIDC has already granted

approval, but no such application is preferred by the Petitioner to

the Home Department.


3)         Learned counsel appearing for the Petitioner states that

the Petitioner shall make such an application within a period of 3

weeks from today. He submitted that direction be issued that such

application be decided expeditiously without being influenced by

the earlier Order dated 28th August, 2017.


4)         Since the earlier Division Bench has already issued

directions of this nature, the Petition can be disposed of by

permitting the Petitioner to prefer such application within a period

of 3 weeks from today. The Home Department shall take a decision

on his application without being influenced by the earlier Order as

passed. With these directions, the petition is disposed of. With the
                                                    6 of 6                  14-WP-171-2020 (2)


                     disposal of the petition, all the connected Applications are also

                     disposed of. It is made clear that the rights and contentions of all

                     the parties including the intervener are specifically kept open to be

                     agitated at the appropriate time before the appropriate forum.




                     (RANJITSINHA RAJA BHONSALE, J.)           (SARANG V. KOTWAL, J.)

        Digitally
        signed by
        SAGAR
SAGAR   SANTOSH
SANTOSH MAGAR
MAGAR   Date:
        2026.09.07
        17:22:01
        +0530