Parveen Usman Shaikh v. Municipal Corporation Of Greater Mumbai Thr The Municipal Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6343 OF 2024 Satish Mahadeo Rupawate Heir and Lrs ... Petitioner vs.

Municipal Corporation of Greater Mumbai ... Respondent WITH WRIT PETITION NO. 6378 OF 2024 Jayashree Rajaram Rasam Heir and L.R of Late Shri Rajaram Rasam ... Petitioner vs.

Municipal Corporation of Greater Mumbai and Ors ... Respondent WITH WRIT PETITION NO. 6410 OF 2024 Asha Sudhakar Ghodke ... Petitioner vs.

Municipal Corporation of Greater Mumbai and Ors ... Respondent WITH WRIT PETITION NO. 6412 OF 2024 Girish Umesh Sodiye Heir and Lrs of Late Shri Umesh D. Sodiye ... Petitioner vs.

Municipal Corporation of Greater Mumbai and Ors ... Respondent WITH WRIT PETITION NO. 6347 OF 2024 Parveen Usman Shaikh ... Petitioner Digitally signed by VARSHA VIJAY RAJGURU Date:

2025.09.16 18:50:10 +0530 Page no. 1 of 3 VARSHA VIJAY RAJGURU

vs.

Municipal Corporation of Greater Mumbai and Ors ... Respondent WITH WRIT PETITION NO. 6436 OF 2024 Yeshwant Ajit Gaonkar ... Petitioner vs.

Municipal Corporation of Greater Mumbai and Ors ... Respondent Mr. Rajendra Pai a/w. Mr. Aloukik Pai i/b. Ms. Bina R. Pai for Petitioners.

Mr. Som Sinha, Ms. Divya Vishwananth, Ms. Rutuja Thaker and Mr. Santosh Mali, Mr. R.Y. Sirskar for Respondent-MCGM in WP/6343/24 and in rest of the connected Wps, Mr. Santosh Mali for Respondent-BMC.

CORAM : GAURI GODSE, J.

DATED : 16th SEPTEMBER 2025 ORDER:

1.

At this stage, learned counsel for the petitioners seeks extension of the interim protection operating in this petition which was first granted on 29th April 2024, to enable the petitioner to approach the Hon'ble Apex Court.

2.

Learned counsel for the corporation vehemently opposes such extension. He submits that the structures are causing hurdle for implementing the public project regarding the water tank. Page no. 2 of 3

3.

Since, the protection is already operating since April 2024, the order dated 29th April 2024, shall continue to operate for a period of six weeks, subject to the petitioners filing an undertaking in this court stating that they are occupying the respective structures and they shall hand over the structures in the event, no favourable orders are passed by the Hon'ble Apex Court. The undertaking shall also state that except the petitioners, no third party is occupying the structures and they shall not create any third party interest or part with possession of their respective structures in favour of third party. Such affidavit to be filed within two weeks.

(GAURI GODSE, J.) Page no. 3 of 3