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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.




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                                                      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.)




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