Sanjay Damu Dhadia v. State Of Maharashtra

1 24 WP 5408.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5408 of 2024 Sanjay Damu Dhadia & Ors.

...

Petitioners BHALCHANDRA GOPAL DUSANE V/s.

The State of Maharashtra & Ors.

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Respondents.

BHALCHANDRA GOPAL DUSANE Date: 2026.04.30 19:51:07 +0530 Mr. Akhlak Khan, Advocate for Petitioners.

Mr. Manish Upadhye, AGP for State- Respondent Nos. 1 and 6, Ms. Sneha Prabhu, Advocate for Respondent No.4. Ravleen Sabharwal, Advocate for Respondent-SRA. CORAM : M.S. KARNIK & S.M. MODAK, JJ.

DATE : 28th April 2026.

P.C. :

1.

Heard learned Counsel for the Petitioners.

2.

This Petitioners prays for the following substantive reliefs : "b.

That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No. 2 to 6 to demolish the illegal and unauthorised construction work of Ground plus 9 floor construction at suit premises, within the period of 3 months from date of order and submit their report before this Hon'ble court;

c.

That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No.2 to 6 to collect entire dues of

2 24 WP 5408.24.doc rents/compensation i.e. Rs.6.75,84,000/- from Respondent No.7, for the petitioner and other i.e. total 32 members, within the period of 3 months from date of order and same may be distributed among the petitioners and other 32 members without prejudice to the pending application;

d.

That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No. 3 to submit progress report and all activities going on in the said projects of balance constructions work at the said plot of land on every 3rd months, till final completion and allotment of permanent alternate accommodation to the petitioners and other 55 members in lieu of their old structures occupied by them;

e.

That this Hon'ble Court be pleased to issue appropriate writs and direction and thereby direct the Respondent No. 1 to 6 for expedite the hearing before the Hon'ble APEX GRC and to decide the Petition lodging No. 9 of 2022 within the period of three months;"

3.

So far as demolition of illegal and unauthorised construction work of ground plus nine floor at the premises is concerned, the Petitioner has made a representation to the SRA, which is at page No.152.

4.

The reliefs which have been prayed for in this Petition are subject matters of the Appeal which was filed before the AGRC in the year 2022. The Memo of the Appeal is at page 137 of the paper-book. In such view of the matter, it is open for the Petitioner to agitate all the

3 24 WP 5408.24.doc grievances before the AGRC.

5.

Learned Counsel for the Petitioner submits that the proceedings before the AGRC are pending and taking a long time to conclude. In view of the facts of the case, we request the AGRC to decide the Appeal as early as possible and preferably within a period of 16 weeks from the date of communication of this Order. 6.

In case the Petitioner has any grievance regarding unpaid rent, it is open for the Petitioner to approach the Special Cell by filing an appropriate application in terms of the Order of this Court dated 23rd December 2025 passed in Writ Petition No. 3140 of 2019 and other connected Petitions. If such an application is preferred, same be decided in terms of the directions of this Court.

7.

Keeping the contentions open, Petition is disposed of. (S.M.MODAK,J.) (M.S.KARNIK, J.)