Ansari Nihal Ahmed v. The Bhiwandi - Nizampur City Municipal Corporation And ORS

3.WP9415_2025.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9415 OF 2025 Ansari Nihal Ahmed ... Petitioner Vs.

The Bhiwandi-Nizampur City Municipal Corporation & Ors. ... Respondents _______ Mr. Mohit Jadhav a/w. Ms. Kajal Chourasia and Mr. Manish Shirke for the petitioner.

Mr. Mayuresh Lagu a/w. Mr. Sagar Patil for respondent no. 3. _______

CORAM:

G. S. KULKARNI & MANJUSHA A. DESHPANDE JJ.

DATED:

4 SEPTEMBER, 2025 P.C.

1.

This petition was disposed of by an order dated 17 July 2025 passed by the co-ordinate Bench of this Court, of which one of us (G.S. Kulkarni, J.) was a member. In paragraph 7 of the said order, the Court had directed the Municipal Corporation to examine the relevant records concerning the construction and adjudicate whether it is unauthorized or illegal and if so, an appropriate action in accordance with law be taken. It was directed that this be undertaken within four weeks from the date on which a certified copy of the said order is served on respondent no. 2. For reporting compliance, the proceeding was made returnable for today.

2.

Mr. Lagu appears for the legal heirs of respondent no. 3. He submits that respondent no. 3-Saiyda Mohd. had expired in the year 2013 and hence the son of respondent no. 3 would now be pursuing the legal rights whichever had accrued in favour of deceased respondent no. 3. 4 September 2025

3.WP9415_2025.DOC 3.

We are keeping open all such contentions to be urged, to be now considered by the designated officer of the Municipal Corporation and after examining the issue in terms of our orders, further appropriate action is required to be taken if it is ultimately concluded that the construction in question is illegal. Let the designated officer hear all the parties afresh on 9 September 2025 at 3 p.m. and a decision in accordance with law be taken for further action to be initiated on or before 16 September 2025. All contentions of the parties are expressly kept open.

4.

The proceedings are accordingly made returnable for compliance on 25 September 2025.

(MANJUSHA A. DESHPANDE , J.) (G. S. KULKARNI , J.) 4 September 2025 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 08/09/2025 11:37:38