Welcome Developers Throu. Shehnaz Abdul Gafur v. Daman Municipal Coucil Throu. Its Chief Officer And ANR
2026:BHC-AS:3058
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.732 OF 2026 Welcome Developers ...
Petitioner versus Daman Municipal Council and Anr.
...
Respondents Mr. Ranjeev P. Carvalho with Ms. Najma J. Sharif, Mr. Zikra B. Khan, for Petitioner.
Dr. Sanjay Jain with Mr. Harsh Dedhia, for Respondents. CORAM: N.J.JAMADAR, J.
DATE :
19 JANUARY 2026 P.C.
1.
Heard the learned Counsel for the parties.
2.
Learned Counsel for the Petitioner submits that the Petitioner is willing to file an affidavit - cum - undertaking on the terms incorporated in the order dated 18 December 2025 in an identical matter in WP No.13339 of 2022 (M/s. AI-Saad Builders and Developers and Anr. V/s. Daman Municipal Council) and abide by the directions in terms of which the said Writ Petition came to be disposed.
3.
By the said order dated 18 December 2025, this court had permitted a somewhat similarly circumstanced party to apply for regularization by filing an appropriate application as contemplated under the General Development Rules 2023 for Daman District of Union Territory of Dadra and Nagar Haveli and Daman and Diu.
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4.
Pursuant to the assurances and statements in the affidavit cum undertaking filed by the Petitioner therein, WP No.13339 of 2022 came to be disposed by granting permission to apply for regularization of the construction subject to terms and conditions.
5.
As the Petitioner in the instant case, also appears to be entitled to the same dispensation, the Writ Petition stands disposed in the following terms : (i) The Petitioner shall file an affidavit cum undertaking incorporating the identical terms, including that it will apply for regularization within a period of four weeks and if the decision on the regularization application is adverse to the Petitioner, it would comply with the notices and the orders impugned in RCS No.36 of 2019, subject to its right to file an appeal as provided under the said Rules and, that subject to the result of the regularization application and the appeal, if any, the Petitioner would comply with the notices and orders impugned in the suit within a period of four weeks from the date of communication of the decision to the Petitioner and that the Petitioner would withdraw RCS No.36 of 2019.
(ii) The assurances and statements in the affidavit cum undertaking shall constitute undertakings given to this Court. (iii) The Petitioner is permitted to apply for regularization within a period of four weeks from today, subject to the statements in the affidavit cum undertaking.
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(iv) No coercive action shall be taken in respect of the notices and orders impugned in RCS No.36 of 2019 till the decision on the application for regularization is communicated to the Petitioner in writing. (v) In the event, the decision on the regularization application is adverse to the Petitioner, the interim protection granted by this Court shall continue to operate for a period of four weeks from the date of communication to the Petitioner in writing.
(vi) It is clarified that, if the affidavit cum undertaking is not filed within a period of one week from the uploading of this order and if regularization application is not filed in terms of the undertaking within a period of four weeks, or there is any breach of the undertaking or directions issued by this Court, the interim protection granted by this order shall stand vacated and the respondents would be entitled to implement the notices and orders impugned in the suit.
(v) The Petitioner is permitted to withdraw RCS No.36 of 2019. (vi) Till the decision of the regularization application, the Petitioner shall not create any third party rights in respect of the subject property or part with possession thereof.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 21/01/2026 21:36:03