Bombay High Court
HAQIQULLAH RAUNAK ALI KHAN AND ORSversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- M S KARNIKS M MODAK
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
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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
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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.)
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