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Bombay High Court

G M MOHAMMAD MOMINI SHAIKH AND ANRversusSTATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court directed the municipal corporation to decide the petitioners' representations within eight weeks, thereby disposing of the writ petitions.

Summary

The petitioners, owners of shops and galas, alleged that their premises were demolished for a road‑widening project by the Bhiwandi Nizampur City Municipal Corporation and that they had not received any compensation. They filed multiple writ petitions seeking redress and had earlier submitted representations to the municipal corporation in December 2025 and January 2026. The State of Maharashtra and the municipal corporation were respondents, and counsel for both sides appeared before the Bombay High Court. The Court observed that the representations could be adjudicated within a reasonable time and that the petitioners’ grievance required a prompt decision. Accordingly, the Court disposed of all the writ petitions by directing the municipal corporation to decide the pending representations in accordance with law within eight weeks, and dismissed any pending applications.

Issues considered

  • The petitioners' right to compensation for demolition of their premises under the law governing land acquisition and road widening.
  • Whether the municipal corporation is obligated to decide the petitioners' representations within a specific time frame.

Subjects

  • demolition
  • compensation
  • road widening
  • municipal corporation
  • writ petition
  • representation
  • time‑bound decision

Judgment

                                                                              17-wp-5195-2026.doc



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 5195 OF 2026

                     Rajendra Chandulal Shah               ..          Petitioner
                     V/S.
                     State of Maharashtra Thr. Its ..              Respondents
                     Principal    Secretary     Urban
                     Development Department and Ors
                                                   WITH
                                       WRIT PETITION NO. 5196 OF 2026


        Digitally
                     Taufique Abdul Hafiz Shaikh           ..          Petitioner
        signed by
        VARSHA
VARSHA DEEPAK
DEEPAK GAIKWAD
GAIKWAD Date:
                     V/S.
        2026.04.24
        10:49:25
        +0530
                     State of Maharashtra Thru. Secretary ..       Respondents
                     And Ors
                                                   WITH
                                       WRIT PETITION NO. 5233 OF 2026

                     Rajbhoj Ranjane Sopan                 ..          Petitioner
                     V/S.
                     State of Maharashtra Throu. Its ..            Respondents
                     Principal Sec. Urban Development
                     Dept and Ors
                                                   WITH
                                       WRIT PETITION NO. 5235 OF 2026

                     G M Mohammad Momini Shaikh            ..       Petitioners
                     And Anr
                     V/S.
                     State of Maharashtra Thr          Its ..      Respondents
                     Principal Secretary And Ors




                     varsha                                                               1 of 5
                                                      17-wp-5195-2026.doc



                              WITH
                  WRIT PETITION NO. 5236 OF 2026

Mohd Arif Mohd Gaus Sayyad          ..         Petitioner
V/S.
State of Maharashtra Thr        Its ..        Respondents
Principal Secretary And Ors
                               WITH
                   WRIT PETITION NO.1642 OF 2026

Abdul Moid Babullah Khan            ..         Petitioner
V/S.
State of Maharashtra Throu.Its ..             Respondents
Principal Sec. Urban Development
Dept and Ors
                               WITH
                   WRIT PETITION NO.1643 OF 2026

Sayyed Ibrahim Sayyed Hanif         ..         Petitioner
V/S.
State of Maharashtra Throu.Its ..             Respondents
Principal Sec. Urban Development
Dept and Ors
                               WITH
                   WRIT PETITION NO.1646 OF 2026

Raees Abdul Jalil Ansari            ..         Petitioner
V/S.
State of Maharashtra Throu. Its ..            Respondents
Principal Sec. Urban Development
Dept and Ors
                               WITH
                   WRIT PETITION NO.5205 OF 2026

Maikash Mumtaz Ahmed Ansari         ..         Petitioner


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                                                                17-wp-5195-2026.doc



V/S.
State of Maharashtra Throu. Its ..                      Respondents
Principal Sec. Urban Development
Dept and Ors
                                WITH
                    WRIT PETITION NO.1644 OF 2026

Dharmaji Shiddhappa Shinde                  ..           Petitioner
V/S.
State of Maharashtra Throu. Its ..                      Respondents
Principal Sec. Urban Development
Dept and Ors
                                WITH
                    WRIT PETITION NO.1645 OF 2026

Chandan Jagrandhu Nayak                     ..           Petitioner
V/S.
State of Maharashtra Throu. Its ..                      Respondents
Principal Sec. Urban Development
Dept and Ors
                               -------------------
Mr. F.N. Momin, for the Petitioners in all petitions.
Ms. Tanu Bhatia, for Respondents No. 2 and 3- Corporation.
Ms. G.R. Raghuwanshi, AGP, for Respondent/State in WP/5195/2026 and
WP/1645/2026.
Ms. M.S. Bane, AGP, for Respondent/State in WP/5196/2026 and
WP/1646/2026.
Ms. P.M.J. Deshpande, AGP, for Respondent/State in WP/5205/2026.
Mr. B.V. Samant, Addl. GP, for Respondent/State in WP/5233/2026.
Mr. S.P. Kamble, AGP, for Respondent/State in WP/5235/2026.
Mr. A.I. Patel, Addl. GP, for Respondent/State in WP/1642/2026.
Mr. O.A. Chandurkar, AGP, for Respondent/State in WP/1643/2026.
Ms. Pooja Patil, AGP, for Respondent/State in WP/1644/2026.
                              --------------------


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                                                                       17-wp-5195-2026.doc



                                   CORAM        :   MANISH PITALE &
                                                    SHREERAM V. SHIRSAT, JJ.
                                     DATE       :   23RD APRIL 2026.
PC:


1.        The grievance of the petitioners in these petitions is that, their
shops /galas were demolished for widening of road and that they have
not been paid compensation. The State of Maharashtra and the officers
of Bhiwandi Nizampur City Municipal Corporation have been made
respondents in these petitions.

2.        In   all   these   petitions,   the       petitioners   have    submitted
representations        addressed    to    the       respondent    No.2    Municipal
Corporation seeking redressal of their grievance.

3.        Learned AGPs appear for respondent No. 1-State and Ms. Bhatia,
learned counsel appears on behalf of respondent No.2– Municipal
Corporation and respondent No.3 i.e. the officer of the said Municipal
Corporation.

4.        We find substance in the contention raised on behalf of the
respondent municipal corporation that the representations moved by
the petitioners in December 2025 / January 2026 can be decided
within a time bound period so that the grievances of the petitioners
can be addressed.

5.        In view of the above, the writ petitions are disposed of by
directing the respondent No.2 to decide the representations submitted
by the petitioners in accordance with law and within a period of eight
weeks from today.

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                                                                  17-wp-5195-2026.doc



6.        Pending applications, if any, also stand disposed of.




(SHREERAM V. SHIRSAT, J.)                           (MANISH PITALE, J.)




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