Haqiqullah Raunak Ali Khan and Ors. vs the State of Maharashtra Thru Secretary and Ors. — Bombay HC (2026) — LawSathi Research

Haqiqullah Raunak Ali Khan and Ors. vs the State of Maharashtra Thru Secretary and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of on joint submission: Respondents directed to examine the illegality or otherwise of the Petitioners' subject matter structures and pass necessary orders, assisted by the Petitioners producing relevant documents before Respondent no.4 on or before 9th June 2026; Respondent no.4 to decide within two weeks of production, during which period no coercive action against the Petitioners; Petitioners' undertaking that on failure to produce documents they will themselves demolish the structures within one week from 9th June 2026, failing which the Competent Authority is at liberty to demolish in accordance with law.

Issue for consideration

Whether interim relief should be granted to the Petitioners in respect of the subject matter structures. +1 more

Court's answer

Once the Petitioners produce the documents within the stipulated period, Respondent no.4 shall decide the matter within two weeks therefrom, and during that two-week period no coercive action shall be taken against the Petitioners.

Ratio / Principle

The Petition was disposed of with a direction to the Respondents to examine the question of illegality or otherwise of the subject matter structures of the Petitioners and pass necessary orders, the process to be assisted by the Petitioners producing the relevant documents before Respondent no.4.

Key takeaways

The Petitioners, on instructions, committed to produce the required documents before Respondent no.4 on or before 9th June 2026.ratio¶24
On instructions from Mr. Abdul Latif / Petitioner No.2, the Petitioners agreed that if they fail to produce the documents, they will themselves demolish the subject matter structures within one week from 9th June 2026; the statement was accepted as an undertaking to the Court.ratio¶26
Otherwise, the Competent Authority will be at liberty to take necessary measures to demolish the subject structures in accordance with law.

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Writ Petition No. 7121 of 2026 — Haqiqullah Raunak Ali Khan & Ors. v. The State of Maharashtra and Ors.; Coram: Shyam C. Chandak and Farhan P. Dubash, JJ.; decided 5 June 2026 (Vacation Court). On the Petitioners' interim-relief prayer, the Petition was disposed of on joint submission: the Respondents are to examine the question of illegality or otherwise of the Petitioners' subject matter structures and pass necessary orders, the process assisted by the Petitioners producing relevant documents before Respondent no.4 on or before 9th June 2026. Upon such production, Respondent no.4 is to decide within two weeks, during which period no coercive action is to be taken against the Petitioners. The Petitioners gave an undertaking (on instructions from Mr. Abdul Latif / Petitioner No.2) that, failing production of the documents, they will themselves demolish the structures within one week from 9th June 2026; otherwise the Competent Authority is at liberty to demolish the subject structures in accordance with law. The Court recorded that the structure/building at page no.85 stood partly demolished, and that the Petitioners would be responsible for loss of life and property arising from any untoward incident on account of that part demolition.

HEMANT CHANDERSEN SHIV

1

WP 7121.2026.doc

Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.06.05 20:57:42 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7121 OF 2026

Haqiqullah Raunak Ali Khan & Ors. … Petitioners Versus

The State of Maharashtra and Ors.

… Respondents

Mr. Rahul S. Kadam a/w. Mr. Vedant Babar for the Petitioners Mr. V.G. Badgujar, AGP for Respondent nos.1,2 and 4 - State Ms. Kavita N. Solunke for the Respondent no.3 – MMRDA

CORAM : SHYAM C. CHANDAK AND FARHAN P. DUBASH, JJ.

DATE : 5^th JUNE, 2026 (VACATION COURT)

P.C. :

Heard Mr. Kadam, learned Counsel for the Petitioners, Mr.

V.G. Badgujar, learned Counsel for Respondent nos. 1,2 and 4 and Ms. Solunke, learned Addl.G.P. for Respondent no.3.

Mr. Kadam, the learned Counsel for the Petitioners prayed for interim relief. However, after sufficient deliberations, the learned Counsel for the parties submitted that the Petition may be disposed of with a direction to the Respondents to examine the question of illegality or otherwise of the subject matter structures of the Petitioners and pass necessary orders, which process will be assisted

Jyoti Pawar

….1

2

WP 7121.2026.doc

by the Petitioners producing the relevant documents before Respondent no. 4.

Mr. Kadam, learned Counsel for the Petitioners, on instructions, states that the Petitioners will produce the required documents before Respondent no. 4, on or before 9^th June 2026.

Once the Petitioners produce the documents within the stipulated period as above, Respondent no. 4 shall decide the matter within two weeks therefrom. During the said two weeks’ period, no coercive action shall be taken against the Petitioners.

Mr. Kadam, learned Counsel for the Petitioners, on instructions from Mr. Abdul Latif / Petitioner No. 2 agreed that if the Petitioners fail to produce the documents as mentioned above, the Petitioner themselves demolish the subject matter structures within one week from 9^th June 2026. The said statement is accepted as an undertaking to the Court.

Otherwise, the Competent Authority will be at liberty to take necessary measures to demolish the subject structures in accordance with law.

Mr. Badgujar, learned AGP states that the Petitioners were

Jyoti Pawar

….2

3

WP 7121.2026.doc

occupying the structures/building as described at page no.79 and 85 of the present Writ Petition. The structures/building stated at page no.85 has been partly demolished. Mr. Kadam, the learned Counsel for the Petitioners, on instructions, states that in case an untoward incident occurred on account of said part demolition, the Petitioners will be responsible for the loss of life and property arising on account of such untoward incident and the Respondents will not be held responsible for that loss of life and property.

In view thereof, no further orders are required in the Petition. The Writ Petition stands disposed of in aforesaid terms.

(FARHAN P. DUBASH, J.)

(SHYAM C. CHANDAK, J.)

Jyoti Pawar

….3