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Bombay High Court

DHIRENDRA MANUBHAI MANIARversusMUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY ( MMRDA) AND ANR

Decided
Disposal
Disposed Off

Holding

The petition is disposed as the planning authority must await the final order in the MCA or trial court suit before acting on the impugned order.

Summary

The petitioner filed a writ petition challenging an ad‑interim order of the trial court, while a Miscellaneous Civil Application (MCA) was pending before the district court, which had already granted interim relief to the petitioner. The High Court noted that the planning authority should not act on the impugned order until the final decision in the MCA or the trial court suit is rendered. It directed the district court to decide the MCA expeditiously, including the planning authority as a party, and ordered that no coercive steps be taken against the petitioner’s structures. Since the petition no longer served any purpose, the Court allowed the petition to be disposed. The petition was consequently dismissed without any further orders.

Issues considered

  • What is the effect of the district court's interim relief on the planning authority's duty to act on the trial court's ad‑interim order?

Subjects

  • writ petition
  • interim order
  • MCA
  • planning authority
  • district court
  • disposal

Judgment

                                                                    909. CIVIL WP-6535-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION


                               WRIT PETITION NO. 6535 OF 2026

           Dhirendra Manubhai Maniar                                .. Petitioner
                     Versus
           M.M.R.D.A. & Anr.                                        .. Respondents
                                      ....................
            Mr. Harshit Kabali a/w Mr. Sarabjot Singh & Ms. Pratishtha Shukla,
             Advocates for Petitioner
            Mr. Akshay P. Shinde, Advocate for Respondent No. 1
            Mr. A.I. Patel, Addl. G.P. a/w Ms. Vaishali Nimbalkar, AGP for
             Respondent No. 2 - State
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : MAY 8, 2026
           P. C.:

           1.       Heard Mr. Kabali, learned Advocate for Petitioner; Mr. Shinde,

           learned Advocate for Respondent No. 1 and Mr. Patel, Addl. GP for

           Respondent No. 2 - State.


           2.       Considering the fact that MCA has been filed by Petitioner

           against the ad-interim order passed by the learned Trial Court and in

           that MCA, learned District Court has already granted ad-interim relief

           to Petitioner, Planning Authority will not act on the impugned order

           which is the subject matter of the present Petition.


           3.       Needless to state that the impugned order shall be subject to the

           final order that will be passed either in the MCA or by learned Trial

           Court in the suit proceedings which are filed by Petitioner.


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                                                                    909. CIVIL WP-6535-26.odt


           4.     All contentions of the parties are expressly kept open.


           5.     Liberty to the Planning Authority to approach the Trial Court or

           the District Court for appropriate orders.           Mr. Shinde informs the

           Court that MCA proceedings before the District Court will be heard on

           13.05.2026.             Concerned District Court is directed by this Court to

           decide the said proceedings expeditiously after hearing all the parting

           including the Planning Authority. In that view of the matter, for the

           present no coercive steps be taken against the subject structures of

           Petitioner.


           6.     In view of the above, no purpose will be served by keeping the

           Petition pending in this Court.


           7.     Liberty to apply in case of any exigency or difficulty.


           8.     Petition is disposed.


Amberkar                                                [ MILIND N. JADHAV, J. ]
                      Digitally
                      signed by
                      RAVINDRA
           RAVINDRA   MOHAN
           MOHAN      AMBERKAR
           AMBERKAR   Date:
                      2026.05.11
                      17:38:15
                      +0530




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