Zeenat Hamid Chougle Thr. Amanullah Ishaq Ghojaria v. Mumbai Metropolitan Region Development Authority (Mmrda)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DHARMENDER PRITHIANI Date: 2024.01.15 17:11:07 +0530 BIPIN DHARMENDER PRITHIANI CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 46 OF 2024 INTERIM APPLICATION NO. 535 OF2024 APPEAL FROM ORDER NO. 46 OF 2024 Asma Yakub Gigani APPEAL FROM ORDER NO. 47 OF 2024 INTERIM APPLICATION NO. 539 OF2024 APPEAL FROM ORDER NO. 47 OF 2024 Mr. Mohammad Naz Rahmani APPEAL FROM ORDER NO. 48 OF 2024 INTERIM APPLICATION NO. 540 OF2024 APPEAL FROM ORDER NO. 48 OF 2024 Khalqllah Mohammed Munir Khan APPEAL FROM ORDER NO. 49 OF 2024

INTERIM APPLICATION NO. 541 OF2024 APPEAL FROM ORDER NO. 49 OF 2024 Ramzan Alin Solanki APPEAL FROM ORDER NO. 50 OF 2024 INTERIM APPLICATION NO. 546 OF2024 APPEAL FROM ORDER NO. 50 OF 2024 Mohammad Pervez APPEAL FROM ORDER NO. 51 OF 2024 INTERIM APPLICATION NO. 545 OF2024 APPEAL FROM ORDER NO. 51 OF 2024 Ashfaq Abdul Kasu through authorized signatory Ismail Kasu APPEAL FROM ORDER NO. 52 OF 2024 INTERIM APPLICATION NO. 551 OF2024 APPEAL FROM ORDER NO. 52 OF 2024

Shakil Ahmed Khan APPEAL FROM ORDER NO. 53 OF 2024 INTERIM APPLICATION NO. 550 OF2024 APPEAL FROM ORDER NO. 53 OF 2024 Fareed Z. Qureshi APPEAL FROM ORDER NO. 54 OF 2024 INTERIM APPLICATION NO. 553 OF2024 APPEAL FROM ORDER NO. 54 OF 2024 Mr. Azizur Rahman Khan APPEAL FROM ORDER NO. 55 OF 2024 INTERIM APPLICATION NO. 552 OF2024 APPEAL FROM ORDER NO. 55 OF 2024 Naushad Kadar Chilwan

APPEAL FROM ORDER NO. 56 OF 2024 INTERIM APPLICATION NO. 554 OF2024 APPEAL FROM ORDER NO. 56 OF 2024 Amannullah Ishaq Ghojaria APPEAL FROM ORDER NO. 57 OF 2024 INTERIM APPLICATION NO. 555 OF2024 APPEAL FROM ORDER NO. 57 OF 2024 Munna Noor Mohammad Solanki APPEAL FROM ORDER NO. 58 OF 2024 INTERIM APPLICATION NO. 557 OF2024 APPEAL FROM ORDER NO. 58 OF 2024 Zeenat Hamid Chougle through Amanullah Ishaq Ghojaria APPEAL FROM ORDER NO. 59 OF 2024 INTERIM APPLICATION NO. 560 OF2024

APPEAL FROM ORDER NO. 59 OF 2024 Mr. Sohail Raihan APPEAL FROM ORDER NO. 60 OF 2024 INTERIM APPLICATION NO. 562 OF2024 APPEAL FROM ORDER NO. 60 OF 2024 Shaikh Arifahmed Abdulkader ****** Mr. Ashish Kamath, Senior Advocate, a/w Suhail Shariff, Sherin Baby, Abhishek Walawalkar, Afreen Shaikh and Manpreet Kaur i/by Falcon Legal for the Appellant/Applicant in all Appeals and Interim Applications.

Ms. Anjali Helekar for Respondent-MMRDA.

****** CORAM: R. N. LADDHA, J.

DATE : 15 JANUARY 2024 P.C. :- .

Heard.

2.

Mr Ashish Kamath, learned Senior Counsel for the appellant, submits that the officials of the MMRDA have not carried out the inspection by visiting to suit premises. Moreover,

Section 55 of the Act relates to the temporary construction, however, as claimed by the official of the respondent-MMRDA, the construction was permanent in nature.

3.

Issue notice to respondent. Ms Anjali Helekar, learned counsel, waives service of notice for respondent-MMRDA and seeks time to take instructions.

4.

Stand over to 23 February 2024.

5.

Till the next date, the parties to maintain the status-quo. R. N. LADDHA, J.