Bombay High Court
QASIM MOHAMMED AYYUB MOMIN AND ANRversusTHE COMMISSIONER BHIWANDI NIZAMPUR CITY MUNICIPAL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the petition contains no viable claim and therefore dismisses the writ petition.
Summary
The petitioners sought a writ directing the Bhiwandi‑Nizampur City Municipal Corporation to carry out demolition of encroachments and to provide police protection for the operation. The corporation explained that demolition could not be undertaken immediately due to the rainy season but promised to act within three months and to obtain police protection upon request. The court examined the petitioner's claim and the corporation's response, noting that the petition raised no fresh grievance that warranted judicial intervention. It held that, in view of the corporation’s undertaking and the absence of any substantive issue, there was nothing left for consideration. Consequently, the writ petition was dismissed, with liberty to apply if any difficulty or legal impediment arises.
Issues considered
- What relief, if any, can the court grant to compel the municipal corporation to provide police protection for demolition of encroachments?
Subjects
- demolition
- encroachment
- police protection
- municipal corporation
- writ petition
- administrative law
Judgment
46-WP-3695-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3695 OF 2024
Mr. Qasim Mohammad Ayyub Momin and Anr. .....Petitioners
Versus
The Commissioner
Bhiwandi-Nizampur City Municipal .....Respondents
Corporation and Ors.
.....
Mr. Rehan H. Ghojaria i/b Mr. Mohammed M. Patel, for the
Petitioners.
Mr. Narayan R. Bubna a/w Mr. Aryanraj Achhra, for the Respondents-
Corporation.
Mr. Sachin Pawar, for the Respondent Nos.6 to 9.
..…
CORAM : M. S. KARNIK &
SANDESH D.PATIL, JJ.
DATE : 19th AUGUST 2026
P.C.:-
1. Heard learned Counsel for the Petitioner.
2. The copy of the letter dated 18th August, 2026 addressed to the
Deputy Commissioner (Encroachments and Unauthorized
Constructions), Bhiwandi Nizampur City Municipal Corporation,
Bhiwandi by the Assistant Commissioner, Bhiwandi Nizampur City
Municipal Corporation, Bhiwandi has been placed on record. The
said communication records that on 18th August, 2026, the action for
Manisha 1/3
Digitally signed
by MANISHA
MANISHA BALKRISHNA
BALKRISHNA TALEKAR
TALEKAR Date: 2026.08.21
10:49:05 +0530
46-WP-3695-2024.doc
demolition could not be undertaken as the police protection was not
provided.
3. Learned Counsel for the Respondents-Corporation submitted
that during the rainy season it may be difficult to initiate action for
demolition in terms of the policy. On instructions, learned Counsel
for the Respondents-Corporation submits that within a period of
three months from today the action for demolition will be
undertaken by the Corporation.
4. The in-charge of the police station shall provide the necessary
police protection for this purpose on a request made by the
Corporation.
5. In view of stand of the learned Counsel for the Respondents-
Corporation, nothing survives for consideration in the present
Petition.
6. Liberty to apply in case of difficulty. It is made clear that, this is
subject to any claim being set up by the occupants and legal
impediments, if any.
Manisha 2/3
46-WP-3695-2024.doc
7. Needless, to mention that the demolition obviously has to
proceed in accordance with law.
8. In view of above, Writ Petition No.3695 of 2024 stands
disposed of.
(SANDESH D.PATIL, J.) (M. S. KARNIK, J.)
Manisha 3/3
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