Welcome Developers Throu. Shehnaz Abdul Gafur v. Daman Municipal Coucil Throu. Its Chief Officer and Anr.
Case brief
What is this about?
Keywords: regularization of construction; unauthorized building; General Development Rules 2023, Daman District, Union Territory of Dadra and Nagar Haveli and Daman and Diu; Daman Municipal Council; Welcome Developers; identical-matter disposal following WP No.13339 of 2022 (M/s. AI-Saad Builders and Developers); affidavit cum undertaking; four-week window to apply for regularization; no coercive action / interim protection against municipal notices and orders challenged in RCS No.36 of 2019; continuation of protection for four weeks after adverse decision; vacation of protection on default or breach of undertaking; bar on creating third-party rights or parting with possession; withdrawal of Regular Civil Suit. Neutral citation: 2026:BHC-AS:3058. Single-judge Bench: N.J. Jamadar, J.
What did the court decide?
Writ Petition disposed on the terms of the order dated 18 December 2025 in WP No.13339 of 2022: liberty to file an affidavit cum undertaking and to apply for regularization of the construction under the General Development Rules 2023 within four weeks; no coercive action on the notices and orders impugned in RCS No.36 of 2019 until the regularization decision is communicated in writing, with four weeks' continued interim protection if the decision is adverse; undertakings binding as undertakings to the Court; protection vacated on non-filing or breach; liberty to withdraw RCS No.36 of 2019; bar on creating third-party rights or parting with possession of the subject property until the regularization decision.