Sanjay Damu Dhadia vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Sanjay Damu Dhadia vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; contentions kept open. Petitioner left free to agitate all grievances (including demolition and alternate-accommodation demands) before the AGRC in the pending 2022 Appeal, which the Court asked the AGRC to decide preferably within 16 weeks; unpaid-rent claims to be pursued before the Special Cell per the Order dated 23rd December 2025 in Writ Petition No. 3140 of 2019 and connected Petitions.

Issue for consideration

Whether Respondents Nos. 2 to 6 should be directed to demolish the alleged illegal and unauthorised ground-plus-nine-floor construction at the suit premises within three months and submit a report. +3 more

Ratio / Principle

The reliefs prayed for in the Writ Petition are the subject matters of the Appeal filed before the AGRC in 2022; it is open for the Petitioner to agitate all the grievances before the AGRC.

Key takeaways

Since the proceedings before the AGRC are taking a long time, the Court requested the AGRC to decide the Appeal as early as possible, preferably within a period of 16 weeks from the date of communication of this Order.ratio¶¶27
For any grievance regarding unpaid rent, it is open to the Petitioner to approach the Special Cell by filing an appropriate application in terms of this Court's Order dated 23rd December 2025 passed in Writ Petition No. 3140 of 2019 and other connected Petitions; if such an application is preferred, it shall be decided in terms of the directions of that Order.ratio¶¶6

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), M.S. Karnik and S.M. Modak, JJ., Writ Petition No. 5408 of 2024, decided 28th April 2026. Petitioners sought writ directions to (i) demolish an alleged illegal/unauthorised ground-plus-nine-floor construction at the suit premises, (ii) recover unpaid rents/compensation of Rs. 6,75,84,000/- from Respondent No. 7 for the petitioner and other 32 members, (iii) obtain periodic progress reports until completion and allotment of permanent alternate accommodation to the petitioners and other 55 members, and (iv) expedite the hearing of Petition Lodging No. 9 of 2022 before the Apex GRC. Observing that these reliefs are the subject matters of the Petitioners' Appeal filed before the AGRC in 2022 (Memo at p. 137 of the paper-book), the Court held it open to the Petitioner to agitate all grievances before the AGRC and requested the AGRC to decide that Appeal preferably within 16 weeks of communication of this Order. For unpaid rent, the Petitioner was directed to approach the Special Cell in terms of this Court's Order dated 23rd December 2025 passed in Writ Petition No. 3140 of 2019 and other connected Petitions. Contentions kept open; Petition disposed of. No statute or precedent was relied upon.

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

WRIT PETITION NO. 5408 of 2024

Sanjay Damu Dhadia & Ors. … Petitioners

BHALCHANDRA GOPAL

DUSANE

Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2026.04.30 19:51:07 +0530

V/s.

The State of Maharashtra & Ors. … Respondents.

Mr. Akhlak Khan, Advocate for Petitioners. Mr. Manish Upadhye, AGP for State- Respondent Nos. 1 and 6, Ms. Sneha Prabhu, Advocate for Respondent No.4. Ravleen Sabharwal, Advocate for Respondent-SRA.

CORAM : M.S. KARNIK &

S.M. MODAK, JJ.

DATE : 28^th April 2026.

P.C. :

Heard learned Counsel for the Petitioners.

This Petitioners prays for the following substantive reliefs :

“b. That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No. 2 to 6 to demolish the illegal and unauthorised construction work of Ground plus 9 floor construction at suit premises, within the period of 3 months from date of order and submit their report before this Hon'ble court;

c. That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No.2 to 6 to collect entire dues of

2 24 WP 5408.24.doc

rents/compensation i.e. Rs.6.75,84,000/- from Respondent No.7, for the petitioner and other i.e. total 32 members, within the period of 3 months from date of order and same may be distributed among the petitioners and other 32 members without prejudice to the pending application;

d. That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No. 3 to submit progress report and all activities going on in the said projects of balance constructions work at the said plot of land on every 3^rd months, till final completion and allotment of permanent alternate accommodation to the petitioners and other 55 members in lieu of their old structures occupied by them;

e. That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No. 1 to 6 for expedite the hearing before the Hon'ble APEX GRC and to decide the Petition lodging No. 9 of 2022 within the period of three months;”

So far as demolition of illegal and unauthorised construction work of ground plus nine floor at the premises is concerned, the Petitioner has made a representation to the SRA, which is at page No.152.

The reliefs which have been prayed for in this Petition are subject matters of the Appeal which was filed before the AGRC in the year 2022. The Memo of the Appeal is at page 137 of the paper-book. In such view of the matter, it is open for the Petitioner to agitate all the

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grievances before the AGRC.

Learned Counsel for the Petitioner submits that the proceedings before the AGRC are pending and taking a long time to conclude. In view of the facts of the case, we request the AGRC to decide the Appeal as early as possible and preferably within a period of 16 weeks from the date of communication of this Order.

In case the Petitioner has any grievance regarding unpaid rent, it is open for the Petitioner to approach the Special Cell by filing an appropriate application in terms of the Order of this Court dated 23^rd December 2025 passed in Writ Petition No. 3140 of 2019 and other connected Petitions. If such an application is preferred, same be decided in terms of the directions of this Court.

Keeping the contentions open, Petition is disposed of.

(S.M.MODAK,J.)

(M.S.KARNIK, J.)