Shabbir Abdul Shaikh v. State of Maharashtra (through Govt. Pleader) and Ors.
Case brief
What is this about?
Bombay High Court, PIL No. 148 of 2024, decided 07-05-2025, Coram Alok Aradhe CJ and M. S. Karnik J (Oral Order per Chief Justice). Social-worker petitioner sought removal of unauthorized construction/encroachment by respondent nos.6 to 8 on land at Chandshahwali Dargah, Powai, Andheri (East), Mumbai alleged to belong to IIT Bombay; complaints to higher authorities had yielded no action. Court held the encroachment question is a disputed question of fact not determinable summarily under Article 226; issued directions to Collector, Mumbai Suburban District for notice, survey, hearing, and removal per law if encroachment found, with police assistance and a three-month timeline; PIL disposed of without opinion on merits. Keywords: encroachment, unauthorized construction, survey, Collector Mumbai Suburban District, IIT Bombay Powai, Article 226, disputed question of fact, writ jurisdiction, PIL disposed.