Shivpujan Parasnath Rajak vs Assistant Engineer Assistant Municipal Commissioners Office Municipal Corporation of Greater Mumbai — Bombay HC (2025) — LawSathi Research

Shivpujan Parasnath Rajak vs Assistant Engineer Assistant Municipal Commissioners Office Municipal Corporation of Greater Mumbai — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final adjudication on this date: the Court accepted the BMC Commissioner's statements on compliance (Affidavit dated 24th January 2025), accepted BMC's statement that the demolition debris will be removed and the suit site completely cleared within one week, recorded the presence of Ajit Kumar Ambi pursuant to the Supreme Court's order dated 27th January 2025, and directed that the Petition be circulated after the Hon'ble Supreme Court finally decides SLP (C) No(s). 2178-2179/2025 and/or upon compliance of this Court's directions.

Issue for consideration

Whether the BMC/Corporation has complied with, or is in process of complying with, the directions issued by this Court's Order dated 2nd January 2025, other than the directions stayed by the Hon'ble Supreme Court. +2 more

Court's answer

The Court accepted the statements made by the Commissioner of Respondent-Corporation that the rest of the directions in the Order dated 2nd January 2025 are either being complied with or the BMC is in process of complying with the same, as placed on record by the Commissioner's Affidavit dated 24th January 2025.

Ratio / Principle

The Court accepted the statement of BMC (made by Mr. Anil Singh, learned Senior Advocate, on instructions from Mr. Prashant Gavali, Sub. Maint (L) Ward) that the debris will be removed and the suit site will be completely cleared in all manner and form within one week from the date of the order.

Key takeaways

The Court recorded the personal presence of Ajit Kumar Ambi in Court in furtherance of the directions issued by the Hon'ble Supreme Court vide its order dated 27th January 2025.ratio¶38
The Court directed the Advocate on record for the Corporation to circulate the present Petition after the Hon'ble Supreme Court finally decides Special Leave to Appeal (C) No(s). 2178-2179/2025 and/or upon compliance of this Court's directions.ratio¶39

Detailed headnote1 paragraphs

Bombay High Court (A.S. Gadkari and Kamal Khata, JJ.), order dated 10th February 2025, in Contempt Petition No. 8 of 2017 (with Show Cause Notice No. 2 of 2025, Notice of Motion (L) No. 482 of 2017 in Writ Petition No. 1434 of 2000, and Writ Petition No. 380 of 2025) — Everard Co-operative Housing Society Ltd. v. Ajay Mehta, Municipal Commissioner, MCGM & Ors.: The Court recorded that its final Judgment and Order dated 2nd January 2025 in Writ Petition No. 1434 of 2000 has been challenged before the Hon'ble Supreme Court by Respondent No.3 in Special Leave to Appeal (C) No(s). 2178-2179/2025 and by the Petitioners-13 slum dwellers in Special Leave to Appeal (C) No. 2336/2025; by Orders dated 27th January 2025 the Supreme Court stayed the directions in paragraph Nos.h to h-iii of the impugned Order and the paragraph No.38A direction imposing costs quantified at Rs.5,00,000/-. The Court accepted the statements of the Commissioner of BMC (Affidavit dated 24th January 2025) that the remaining directions are being complied with or are in process of compliance; accepted BMC's statement that the demolition debris will be removed and the suit site completely cleared within one week; recorded the personal presence of Ajit Kumar Ambi, Asstt. Commissioner, G/N Ward, in furtherance of the Supreme Court's order dated 27th January 2025; and directed circulation of the Petition after the Supreme Court finally decides SLP (C) No(s). 2178-2179/2025 and/or upon compliance of this Court's directions.

sns 1-conpw-8-2017f.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

CONTEMPT PETITION NO. 8 OF 2017 WITH

SHOW CAUSE NOTICE NO. 2 OF 2025

WITH

NOTICE OF MOTION (L) NO. 482 OF 2017

IN

WRIT PETITION NO. 1434 OF 2000

WITH

WRIT PETITION NO. 380 OF 2025

Everard Co-operative Housing

Society Ltd. … Petitioner. V/s.

Ajay Mehta, Municipal Commissioner, MCGM & Ors. … Respondents.

Ms. M.S. Sawant h/f. Adv. Meena Doshi for the Petitioner in CONPW/8/2017.

Ms. Gayatri Singh, Senior Advocate a/w. Adv. Sanjot Shirsath for the Petitioner in WP/380/2025.

Mr. Anil Singh, Senior Advocate, a/w Adv. K.H. Mastakar for the Respondent-BMC.

Mr. Prashant Gavali, Sub. Maint (L) Ward, present.

Mr. Y.S. Jahagirdar, Senior Advocate, a/w Adv. S. Kanetkar for Respondent No.2.

Mr. Ajitkumar Ambi, Asstt. Commissioner, G/N Ward, Respondent No.2present.

Ms. Dhruti Kapadia for the Respondent-SRA.

Mr. Milind More, Addl. G.P. for the State in CONPW/8/2017.

Smt. Prachi Tatake, Addl. G.P. for the Respondent-State in WP/380/2025.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 10^th February 2025.

Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2025.02.12 09:54:19 +0530

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P.C.:-

Mr. Anil Singh, the learned Senior Counsel appearing for the Respondent No.1-Corporation submitted that the Order dated 2^nd January, 2025 has been challenged by the Respondent No.3 before the Hon’ble Supreme Court by Special Leave to Appeal (C) No(s). 2178-2179/2025.

The Hon’ble Supreme Court by its Order dated 27^th January, 2025 has stayed the directions issued by this Court in paragraph Nos.h to h-iii of the impugned Order.

He submitted that, as far as rest of the directions are concerned, the same are either being complied with or the BMC is in process of complying with the same. He submitted that the Commissioner of BMC has filed his Affidavit dated 24^th January, 2025 placing on record the steps adopted by him for complying with the directions issued by Order dated 2^nd January, 2025. We accept the said statements made by the Commissioner of Respondent-Corporation.

Ms. Singh, the learned Senior Counsel appearing for the Petitioners-13 slum dwellers submitted that, the Petitioners have also impugned the final Judgment and Order dated 2nd January, 2025 before the Hon’ble Supreme Court by way of Special Leave to Appeal (C) No(s).2336/2025. That, the Supreme Court has stayed the directions passed by this Court in paragraph No.38A relating to imposition of costs

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quantified at Rs.5,00,000/-. She produced on record a photocopy of the said Order dated 27^th January, 2025.

At this stage, learned Advocate for the Petitioner-Society submitted that, though the structures have been demolished by the Corporation as stated in the Affidavit dated 24^th January, 2025 of Commissioner of BMC, the debris is still lying there.

Mr. Singh learned senior Advocate appearing for BMC on instructions from Mr. Prashant Gavali, Sub. Maint (L) Ward submitted that the said debris will be removed, and suit site will be completely cleared in all manner and form within a period of one week from today. The said statement is accepted.

Mr. Jahagirdar, learned senior Advocate appearing for Contemnor, informed us that Ajit Kumar Ambi was personally present in the Court in furtherance of directions issued by the Hon’ble Supreme Court vide its order dated 27^th January, 2025. His presence is recorded.

We direct the Advocate on record for the Corporation to circulate the present Petition after the Hon’ble Supreme Court finally decides Special Leave to Appeal (C) No(s). 2178-2179/2025 and/or upon compliance of our directions.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

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