Asma Yakub Gigani v. Mumbai Metropolitan Region Development Authority (Mmrda)

Bombay HC5 Feb 2025IA/13296/2024

Case brief

AI extract

What is this about?

MMRDA; impugned notice under Section 55, Maharashtra Regional and Town Planning Act, 1966; demolition; coercive action; occupancy certificate (OC); additional construction after OC; deviation from sanction plan; inspection reports by additional affidavit; Bombay High Court Appeal from Order Nos. 669-686 of 2024; listing on 3 March 2025 under 'Admission'; interim protection - no coercive demolition action till next date; Gauri Godse, J.; order dated 5 February 2025.

What did the court decide?

Interim protection recorded: till the next date (3 March 2025), no coercive action for demolition to be taken as per the impugned notice; MMRDA to file the two inspection reports by way of additional affidavit, and the appeals to be listed on 3 March 2025, high on board, under the caption 'Admission'. ¶99-100

Asma Yakub Gigani vs Mumbai Metropolitan Region Development Authority (Mmrda) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶99-100

Issue for consideration

Whether the offending structure described in the impugned notice under Section 55 of the Maharashtra Regional and Town Planning Act, 1966 is additional construction carried out after the occupancy certificate was issued and is not in accordance with the sanction plan.

¶92-93

Court's answer

Directed that, to enable learned counsel for MMRDA to place on record the inspection reports (at the time of issuing the occupancy certificate and before issuing the impugned notice) by way of additional affidavit, the appeals be listed on 3 March 2025.

¶97

Ratio / Principle

Ordered that the appeals be listed high on board under the caption of 'Admission'.

¶98

Key takeaways

Recorded the submission of learned counsel for MMRDA that, till the next date, no coercive action for demolition will be taken as per the impugned notice.ratio¶99-100

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), order dated 5 February 2025 in twelve clubbed Appeals from Order Nos. 669, 672, 673, 675, 676, 677, 678, 679, 680, 681, 682 and 686 of 2024 (with respective interim applications), filed by individual appellants against Mumbai Metropolitan Region Development Authority (MMRDA). Learned counsel for MMRDA submitted that he would place on record, by way of additional affidavit, the inspection report at the time of issuing the occupancy certificate (OC) and the inspection report preceding the impugned notice under Section 55 of the Maharashtra Regional and Town Planning Act, 1966, to indicate that the offending structure described in the impugned notice is not in accordance with the sanction plan and is additional construction carried out after the OC was issued. The appeals were listed on 3 March 2025, to be listed high on board under the caption 'Admission'. Till the next date, as submitted by learned counsel for MMRDA and recorded in the order, no coercive action for demolition was to be taken as per the impugned notice.

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60.676.24 ao.docx

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Iresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER NO. 676 OF 2024 WITH INTERIM APPLICATION NO. 13296 OF 2024 IN APPEAL FROM ORDER NO. 676 OF 2024

Asma Yakub Gigani

.....Appellant

Vs.

Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH

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APPEAL FROM ORDER NO. 679 OF 2024 WITH INTERIM APPLICATION NO. 13318 OF 2024 IN APPEAL FROM ORDER NO. 679 OF 2024

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Amanullah Ishaq Gojaria

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….Appellant

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Vs.

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Mumbai Metropolitan Region .....Respondent Development Authority (MMRDA)

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WITH

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APPEAL FROM ORDER NO. 680 OF 2024 WITH INTERIM APPLICATION NO. 13320 OF 2024 IN APPEAL FROM ORDER NO. 680 OF 2024

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Azizur Rahman Khan ….Appellant

1/6

60.676.24 ao.docx

Vs.

Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 682 OF 2024 WITH INTERIM APPLICATION NO. 13327 OF 2024 IN APPEAL FROM ORDER NO. 682 OF 2024

Shakil Ahmed Khan

….Appellant

Vs.

Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 681 OF 2024 WITH INTERIM APPLICATION NO. 13323 OF 2024 IN APPEAL FROM ORDER NO. 681 OF 2024

Sohail Raiman

….Appellant

Vs.

Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 686 OF 2024 WITH INTERIM APPLICATION NO. 13347 OF 2024 IN APPEAL FROM ORDER NO. 686 OF 2024

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2/6

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60.676.24 ao.docx

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Mohammed Naaz Rahmani

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….Appellant

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Vs.

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Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 677 OF 2024 WITH INTERIM APPLICATION NO. 13299 OF 2024 IN APPEAL FROM ORDER NO. 677 OF 2024

Mohammed Parvez

….Appellant

Vs.

Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 672 OF 2024 WITH INTERIM APPLICATION NO. 13279 OF 2024 IN APPEAL FROM ORDER NO. 672 OF 2024

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Zeenat Hamid Chougle POA of Amanullah ….Appellant Ishaq Gojaria

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Vs.

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Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 678 OF 2024 WITH

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3/6

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60.676.24 ao.docx

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INTERIM APPLICATION NO. 13314 OF 2024 IN APPEAL FROM ORDER NO. 678 OF 2024

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Ramzan N. Solanki Thr. POA Munna Noor Mohammad Solanki

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….Appellant

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Vs.

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Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 673 OF 2024 WITH INTERIM APPLICATION NO. 13288 OF 2024 IN APPEAL FROM ORDER NO. 673 OF 2024

Asfaq Abdul Kasu

….Appellant

Vs.

Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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WITH APPEAL FROM ORDER NO. 669 OF 2024 WITH INTERIM APPLICATION NO. 13276 OF 2024 IN APPEAL FROM ORDER NO. 669 OF 2024

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Munna Noor Mohammad Sonaki ….Appellant

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Vs.

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Mumbai Metropolitan Region Development Authority (MMRDA)

.....Respondent

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60.676.24 ao.docx

WITH APPEAL FROM ORDER NO. 675 OF 2024 WITH INTERIM APPLICATION NO. 13294 OF 2024 IN

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APPEAL FROM ORDER NO. 675 OF 2024

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Khalqullah Mohd. Munir Khan

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….Appellant

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Vs.

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Mumbai Metropolitan Region Development Authority (MMRDA)

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.....Respondent

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Mr. Sanjeev Kadam, Senior Advocate a/w Ms. Sherin Baby, Ms. Afreen Shaikh, Mr. Samar Pal i/b Falcon Legal for the appellants Mr. Akshay Shinde for respondent MMRDA

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CORAM : GAURI GODSE, J.

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DATE : 5^th FEBRUARY 2025

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ORDER:

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