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Bombay High Court

HAQIQULLAH RAUNAK ALI KHAN AND ORSversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court ordered the petitioners to produce the required documents by 9 June 2026 and, failing that, to demolish the structures within a week, disposing the petition with those directions.

Summary

The petitioners, Haqiqullah Raunak Ali Khan and others, filed a writ petition against the State of Maharashtra, the MMRDA and other respondents seeking interim relief concerning certain structures they occupied. The parties agreed that the petitioners would produce relevant documents before Respondent No.4 by 9 June 2026, after which the respondent would decide the legality of the structures within two weeks, with no coercive action during that period. The petitioners also undertook to demolish the structures within a week of 9 June 2026 if they failed to produce the documents, and accepted liability for any loss arising from any partial demolition already carried out. The respondents clarified that they would not be liable for any loss of life or property resulting from such demolition. The Court, finding no further orders necessary, disposed of the writ petition subject to the stipulated directions.

Issues considered

  • What is the legality of the structures occupied by the petitioners?
  • Whether the petitioners should be compelled to produce documents before the competent authority?
  • Whether the petitioners must demolish the structures if they fail to comply with the document production requirement?

Subjects

  • writ petition
  • interim relief
  • illegal structures
  • demolition
  • liability
  • Maharashtra
  • MMRDA

Judgment

HEMANT
CHANDERSEN
SHIV
Digitally signed by
HEMANT
CHANDERSEN SHIV                                                1
Date: 2026.06.05                                                                  501. WP 7121.2026.doc
20:57:42 +0300

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO. 7121 OF 2026

                      Haqiqullah Raunak Ali Khan & Ors.                      …     Petitioners
                            Versus
                      The State of Maharashtra and Ors.                      …     Respondents

                                                      ******
                      Mr. Rahul S. Kadam a/w. Mr. Vedant Babar for the Petitioners
                      Mr. V.G. Badgujar, AGP for Respondent nos.1,2 and 4 - State
                      Ms. Kavita N. Solunke for the Respondent no.3 – MMRDA
                                                      ******
                                                CORAM : SHYAM C. CHANDAK AND
                                                         FARHAN P. DUBASH, JJ.

                                                        DATE : 5th JUNE, 2026
                                                              (VACATION COURT)
                      P.C. :

                      1)            Heard Mr.     Kadam, learned Counsel for the Petitioners, Mr.

                      V.G. Badgujar, learned Counsel for Respondent nos. 1,2 and 4 and Ms.

                      Solunke, learned Addl.G.P. for Respondent no.3.


                      2)            Mr. Kadam, the learned Counsel for the Petitioners prayed for

                      interim relief. However, after sufficient deliberations, the learned

                      Counsel for the parties submitted that the Petition may be disposed of

                      with a direction to the Respondents to examine the question of

                      illegality or otherwise of the subject matter structures of the

                      Petitioners and pass necessary orders, which process will be assisted


                      Jyoti Pawar                                                                         ….1
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                                                              501. WP 7121.2026.doc


by the Petitioners producing              the relevant    documents before

Respondent no. 4.


3)            Mr. Kadam, learned Counsel for the Petitioners, on instructions,

states that the Petitioners will produce the required documents before

Respondent no. 4, on or before 9th June 2026.


4)            Once the Petitioners produce the documents within the

stipulated period as above, Respondent no. 4 shall decide the matter

within two weeks therefrom. During the said two weeks’ period, no

coercive action shall be taken against the Petitioners.


5)            Mr. Kadam, learned Counsel for the Petitioners, on instructions

from Mr. Abdul Latif / Petitioner No. 2 agreed that if the Petitioners

fail to produce the documents as mentioned above, the Petitioner

themselves demolish the subject matter structures within one week

from 9th June 2026. The said statement is accepted as an undertaking

to the Court.


6)            Otherwise, the Competent Authority will be at liberty to take

necessary measures to demolish the subject structures in accordance

with law.


7)            Mr. Badgujar, learned AGP states that the Petitioners were

Jyoti Pawar                                                                           ….2
                                          3
                                                              501. WP 7121.2026.doc


occupying the structures/building as described at page no.79 and 85

of the present Writ Petition. The structures/building stated at page

no.85 has been partly demolished. Mr. Kadam, the learned Counsel

for the Petitioners, on instructions, states that in case an untoward

incident occurred on account of said part demolition, the Petitioners

will be responsible for the loss of life and property arising on account

of such untoward incident and the Respondents will not be held

responsible for that loss of life and property.


8)            In view thereof, no further orders are required in the Petition.

The Writ Petition stands disposed of in aforesaid terms.




  (FARHAN P. DUBASH, J.)                      (SHYAM C. CHANDAK, J.)




Jyoti Pawar                                                                           ….3


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