Disposed¶28

Arif Amir Shaikh v. the Municipal Corporation of Greater Mumbai

Bombay HC3 Jul 2025WP/2304/2025

Case brief

AI extract

What is this about?

Bombay HC W.P. 2304/2025 (Ghuge & Bhobe, JJ., 08-09-2025) disposed: writ relief refused as encroachment/illegal construction allegations are disputed factual issues needing evidence; petitioner granted liberty to agitate before City Civil Court where SCS No.240 of 2023 (interim injunction dated 27.04.2023, N.M. No.340 of 2023) pending; prayers involved Art. 226 mandamus, demolition of 7 temporary G.I./A.C. sheet structures at CTS No.72, Malad (West), MRTP Act authorized officer, and departmental inquiry against BMC officials.

What did the court decide?

Liberty to the Petitioner to approach the City Civil Court and make out a case of encroachment and illegal construction; all contentions of all stakeholders/litigating parties kept open. ¶28

Arif Amir Shaikh vs the Municipal Corporation of… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to approach the City Civil Court and make out a case of encroachment and illegal construction; all contentions of all stakeholders/litigating parties kept open.

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Issue for consideration

Whether the Petitioner's allegations of encroachment and illegal construction by Respondent Nos.6 to 8 involve seriously disputed issues of fact requiring recording of oral and documentary evidence, and are therefore unsuitable for determination in writ jurisdiction under Article 226. +1 more

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Court's answer

The allegations of encroachment and illegal construction are seriously disputed issues; factually establishing whether the structures amount to encroachment and illegal construction requires recording of oral and documentary evidence by a Court which can record such evidence, and cannot be decided in these writ proceedings.

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Ratio / Principle

Since the Petitioner is already before the City Civil Court in Special Civil Suit No.240 of 2023 on a similar cause of action, the Petition is disposed of with liberty to the Petitioner to approach the City Civil Court and make out a case of encroachment and illegal construction, with all contentions of all stakeholders/litigating parties kept open.

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Detailed headnote1 paragraphs

Writ Petition No.2304 of 2025 (Bombay High Court, OOCJ; Ghuge & Bhobe, JJ.; decided 8 September 2025): Arif Amir Shaikh sought, under Article 226, (a) removal/demolition of seven temporary structures of G.I. sheets, walls and A.C. sheet roof allegedly erected by Respondent Nos.6 to 8 on Survey No.17, Hissa No.04, C.T.S. No.72, Patel Wadi, Marve Road, Malad (West), Mumbai; (b) appointment of an authorized officer under the MRTP Act to register a complaint against Respondent Nos.6 to 8; and (c) a departmental inquiry against Respondent Nos.3 to 5. The Court held that the allegations of encroachment and illegal construction are seriously disputed issues of fact requiring recording of oral and documentary evidence by a Court competent to record them; noting that the Petitioner was already pursuing Special Civil Suit No.240 of 2023 before the City Civil Court, Dindoshi (Borivali Division) — where an interim order dated 27 April 2023 on Notice of Motion No.340 of 2023 restrained the Defendants from grazing cattle on the Suit property — on a similar cause of action, the Court disposed of the Petition with liberty to the Petitioner to approach the City Civil Court, keeping all contentions of all stakeholders/litigating parties open.

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Digitally signed by GAURI AMIT GAURI GAEKWAD AMIT Date: GAEKWAD 2025.09.10 18:17:26 +0530

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4.WP-2304-2025.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.2304 OF 2025

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Arif Amir Shaikh ….Petitioner

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Versus

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The Municipal Corporation of Greater Mumbai and Ors. ….Respondents

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Mr. Aseem Naphade a/w. Mr. J.S. Shukla for the Petitioner. Ms. Meena Dhuri a/w. Ms. Rupali Adhate i/b. Ms. Komal Punjabi for the Respondent – BMC.

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CORAM : RAVINDRA V. GHUGE &

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ASHWIN D. BHOBE, JJ.

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DATE : 8^th SEPTEMBER, 2025

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P.C. :-

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The Petitioner has put forth prayer clauses (a) to (c), as

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under :

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(a) This Hon'ble Court be pleased to invoke its powers u/art. 226 and issue a Writ of Mandamus or any other appropriate writ in nature of Mandamus or directions directing the respondent Nos.1 and 2 to remove and/or demolish illegal and unauthorisedly constructed 7 temporary structures made up of G.I. Sheets as well as Walls and A.C. Sheets roof constructed upon property Viz. Survey No.17, Hissa No.04, C.T.S. No.72, Situated at Patel Wadi, Marve Road, Malad (West), Mumbai400095 at Village-Marve, Taluka Borivali, Mumbai Suburban District each admeasuring about 10 x 30 Sq.Ft.

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(b) That this Hon'ble Court be pleased to direct the Respondent no.1 and 2 to promptly appoint

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appropriate officer as authorized officer under the provisions of the MRTP Act to register complaint against the Respondent No.6 to 8 and their associates for having committed offence under the provisions of MRTP Act.

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(c) That this Hon'ble Court be pleased to direct the Respondent no.1 and 2 to initiate and conduct departmental inquiry against Respondent No.3 to 5 for abusing their powers and demanding from Petitioner for execution of their official duty against said illegal and unauthorized Construction and thereafter take appropriate action against them in accordance with the provision of law.

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The Petitioner has already filed Special Civil Suit No.240 of 2023 before the City Civil Court for Greater Mumbai at Dindoshi, Borivali Division. In that Suit, it is alleged that the Defendants therein were encroaching upon the Petitioner’s property. By an interim order dated 27^th April, 2023, the learned Court has issued an injunction on the Notice of Motion No.340 of 2023 to the Defendants or anybody claiming through them, restraining them temporarily from gazing their cattle on the Suit property, till the disposal of the Suit.

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By the present Petition, the Petitioner claims that Respondent Nos.6 to 8 have illegally erected a structure on a portion of the property of the Petitioner in the nature of G.I. sheets, walls and A.C. sheets roof.

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We find that the allegations of encroachment and illegal construction post encroachment, are seriously disputed issues. Recording of oral and documentary evidence to factually establish whether the structure is by way of an encroachment and illegal construction or not, will have to be considered by a Court which can record such oral and documentary evidence. For a similar cause of action, the Petitioner is already before the City Civil Court in Special Civil Suit No.240 of 2023.

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In view of the above, this Petition is disposed off with liberty to the Petitioner to approach the City Civil Court and make out a case of encroachment and illegal construction. All contentions of all the stakeholders/litigating parties are kept open.

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(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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Gauri Gaekwad

Arif Amir Shaikh v. the Municipal Corporation of Greater Mumbai

Case brief

What is this about?

What did the court decide?

Arif Amir Shaikh v. the Municipal Corporation of Greater Mumbai

Case brief

What is this about?

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What the court decided

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