M/S Al-Saad Builders And Developers And ANR v. Daman Municipal Council Thr Its Chief Officer

26-IA-1027-2025 IN WP-13339-2022.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1027 OF 2025 IN WRIT PETITION NO. 13339 OF 2022 Al-Saad Builders & Developers & Anr ..Applicant/ Petitioner

Versus

Daman Municipal Council

...Respondent

Mr. Rohan Savant, i/b Lalit V Jain, for the Petitioner. Mr. H.S. Venegavkar, for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATED :

24th JANUARY 2025 P.C.:

1.

Heard learned Counsel for the parties.

ARUN RAMCHANDRA SANKPAL ARUN RAMCHANDRA SANKPAL Date: 2025.01.28 11:50:44 +0530 2.

For the reasons assigned in the Application and to advance the cause of substantive justice, the Application stands allowed in terms of prayer clause (a).

3.

The order dismissing the Writ Petition for want of prosecution dated 17th January 2025 stands recalled. Writ Petition No. 13339 of 2022 stands restored to file.

1/2

26-IA-1027-2025 IN WP-13339-2022.DOC 4.

The Applicants/Petitioners seek continuation of the interim order dated 28th November 2022.

5.

Mr. Venegavkar, learned Counsel for the Respondent, submits that the said order was in the nature of workable arrangement and it has not been continued since July 2024.

6.

Mr. Savant, learned Counsel for the Petitioners, submits that the Petitioners are served with the notice dated 20th January 2025. The Chief Officer, Daman Municipal Council, Daman has issued notice to demolish the structure within 72 hours.

7.

As the Petition has been restored and this Court had granted interim relief, the Respondent shall not act upon the notice dated 20th January 2025 till the next date.

8.

The Petition be listed on 10th February 2025. [N. J. JAMADAR, J.] 2/2