Bombay High Court
SHARIF MUMTAZ KHAN AND ANRversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The undertakings given by the Municipal Corporation sufficiently address the petitioners' concerns, and therefore the writ petitions are dismissed.
Summary
The petitioners filed writ petitions fearing demolition of their structures due to a road‑widening project by Bhiwandi Nizampur City Municipal Corporation. The corporation filed undertakings, both electronically and on affidavit, promising that no demolition would be carried out without giving the petitioners at least fifteen days’ prior notice. The court examined whether these undertakings removed the petitioners’ apprehensions and whether any relief remained. Finding that the specific undertakings adequately addressed the concerns, the court held that there was no ground to entertain the writs. Consequently, the petitions were disposed of, and any pending applications were also dismissed.
Issues considered
- Whether the petitioners are entitled to restrain demolition of their structures without prior notice under the road‑widening scheme
- Whether the undertakings given by the Municipal Corporation satisfy the petitioners' apprehensions and obviate the need for further relief
Subjects
- road widening
- demolition
- municipal corporation
- notice
- writ petition
- undertaking
- civil appellate jurisdiction
Judgment
907-wp-4163-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4163 OF 2026
Sharif Mumtaz Khan And Anr .. Petitioners
V/S.
The State Of Maharashtra Thro. Its .. Respondents
Principal Secretary and Ors.
WITH
VARSHA
DEEPAK WRIT PETITION NO. 4164 OF 2026
GAIKWAD
Digitally signed by
VARSHA DEEPAK
GAIKWAD
Date: 2026.06.25
17:46:31 +0530
Zaheer Mohd Sharif Khan .. Petitioner
V/S.
The State Of Maharashtra Thro. Its .. Respondents
Principal Secretary and Ors.
WITH
WRIT PETITION NO. 4165 OF 2026
Aqeel Sharif Khan .. Petitioner
V/S.
The State Of Maharashtra Thro. Its .. Respondents
Principal Secretary and Ors.
WITH
WRIT PETITION NO. 4166 OF 2026
Mohd Sayeed Mohd Sharif Khan .. Petitioner
V/S.
The State Of Maharashtra Thro. Its .. Respondents
Principal Secretary and Ors.
WITH
WRIT PETITION NO. 4167 OF 2026
Zahid Husain Riyazullah Khan .. Petitioner
varsha 1 of 4
907-wp-4163-2026.doc
V/S.
The State Of Maharashtra Thro. Its .. Respondent
Principal Secretary
WITH
WRIT PETITION NO. 4168 OF 2026
Danish Ahmad Mohd. Jafar Shaikh .. Petitioner
V/S.
The State Of Maharashtra Thro. Its .. Respondents
Principal Secretary
WITH
WRIT PETITION NO. 4169 OF 2026
Bushra Fatima Rizwan Ahmed Qadri .. Petitioner
V/S.
The State of Maharashtra Thr Its .. Respondents
Principal Secretary And Ors
WITH
WRIT PETITION NO. 4170 OF 2026
AB Aziz Saukat Ali Shaikh .. Petitioner
V/S.
The State of Maharashtra Thro. Its .. Respondent
Principal Secretary
-------------------
Mr. Atharva Dandekar with Gautam Jain and Ashmita Goradia, for the
petitioners.
Ms. G.R. Raghuwanshi, AGP, for the State in WP/4163/2026.
Mr. R.S. Pawar, AGP, for the State in WP/4164/2026
Ms. M.S. Bane, AGP, for the State in WP/4165/2026
Mr. O.A. Chandurkar, Addl. G.P. with D.S. Deshmukh, AGP, for the State
in WP/4166/2026
Ms. P.M.J. Deshpande, AGP, for the State in WP/4167/2026
varsha 2 of 4
907-wp-4163-2026.doc
Ms. Pooja Patil, AGP, for the State in WP/4168/2026
Mr. A.I. Patel, Addl. G.P. with V.R. Raje, AGP, for the State in
WP/4169/2026
Mr. Hamid Mulla, AGP, for the State in WP/4170/2026.
Adv. Tanu Bhatia, for respondent Nos. 2 and 3-Corporation.
--------------------
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 25TH JUNE 2026.
PC:
1. The Petitioners in these petitions filed these writ petitions
apprehending the demolition of their structures in the light of road
widening exercise proposed to be undertaken by the respondent-
Bhiwandi Nizampur City Municipal Corporation.
2. It appears that these petitions were heard for some time before a
coordinate bench when it was indicated that the said Municipal
Corporation would be ready to issue reasonable notice to the
petitioners before taking any coercive steps in the matter. Recently, the
Municipal Corporation has e-filed undertakings in these petitions
specifically stating that the said Municipal Corporation undertakes that
no action shall be taken in respect of the subject premises pertaining to
these Writ petitions or any part thereof without giving prior notice of
two weeks (15 days) to the petitioners.
3. The undertakings have been e-filed. Registry to verify and ensure
that the undertakings are on record.
4. In any case, the learned counsel appearing for respondent-
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907-wp-4163-2026.doc
Municipal Corporation has tendered original undertakings on affidavits
in these writ petitions. The same are taken on record of the respective
writ petitions.
5. In the light of the specific undertakings given by respondent-
Municipal Corporation, the apprehension expressed by the petitioners
is sufficiently addressed and therefore, nothing really survives in these
Writ petitions. The undertakings given on behalf of the respondent-
Municipal Corporation shall be treated as undertakings given to this
Court.
6. In view of the above, the writ petitions are disposed of.
7. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
varsha 4 of 4
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