Akbar Ali Shaikh v. Mumbai Municipal Corporation Of Greater Mumbai

915-OSWP-1356-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1356 OF 2024 Akbar Ali Shaikh

...Petitioner

Versus

Mumbai Municipal Corporation of Greater Mumbai

...Respondent

Dr Abhinav Chandrachud, with Rishikesh Soni, Ashok Purohit & Nikita Lad, i/b Ashok Purohit & Co, for the Petitioner. Mr Vivek Walavalkar, i/b Sameer Bhalekar, for Respondents Nos 3 to 8.

Mr YR Mishra, with S Mishra & Sachinanand Singh, for Respondent No 9.

CORAM

G.S. Patel & M.M. Sathaye, JJ.

DATED:

18th March 2024 PC:- Digitally signed by ASHWINI GAJAKOSH Date:

2024.03.19 09:58:03 +0530 ASHWINI GAJAKOSH 1.

The Petitioner has raised disputes as to title of the property that is under redevelopment. There is no question of asking the Municipal Corporation of Greater Mumbai ("MCGM") to decide the question of title. That is the substance of the representation at Exhibit 'O' and prayer clause (a) is that this representation to the MCGM be decided, i.e., that the MCGM should decide whether or not the Petitioner, a claimed purchaser of an 1/5th or fractional undivided right, title and interest in the property does or does not 18th March 2024

915-OSWP-1356-2024.DOC have title. The Petitioner has filed a civil suit. There is another counter-suit filed by Respondents Nos 9 to 13 opposing the Petitioner. Self-evidently, matters of title cannot be decided by the MCGM. The Petitioner must obtain appropriate orders from a Court of competent civil jurisdiction.

2.

The Petition is disposed of in these terms. There will be no order as to costs.

(M.M. Sathaye, J) (G. S. Patel, J) 18th March 2024