Haqiqullah Raunak Ali Khan And ORS v. The State Of Maharashtra Thru Secretary And ORS

HEMANT CHANDERSEN SHIV HEMANT CHANDERSEN SHIV Date: 2026.06.05 20:57:42 +0300

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7121 OF 2026 Haqiqullah Raunak Ali Khan & Ors.

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Petitioners

Versus

The State of Maharashtra and Ors.

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Respondents ****** Mr. Rahul S. Kadam a/w. Mr. Vedant Babar for the Petitioners Mr. V.G. Badgujar, AGP for Respondent nos.1,2 and 4 - State Ms. Kavita N. Solunke for the Respondent no.3 - MMRDA ****** CORAM : SHYAM C. CHANDAK AND FARHAN P. DUBASH, JJ.

DATE : 5th JUNE, 2026 (VACATION COURT) P.C. :

1) Heard Mr.

Kadam, learned Counsel for the Petitioners, Mr. V.G. Badgujar, learned Counsel for Respondent nos. 1,2 and 4 and Ms. Solunke, learned Addl.G.P. for Respondent no.3. 2) Mr. Kadam, the learned Counsel for the Petitioners prayed for interim relief. However, after sufficient deliberations, the learned Counsel for the parties submitted that the Petition may be disposed of with a direction to the Respondents to examine the question of illegality or otherwise of the subject matter structures of the Petitioners and pass necessary orders, which process will be assisted ....1

by the Petitioners producing the relevant documents before Respondent no. 4.

3) Mr. Kadam, learned Counsel for the Petitioners, on instructions, states that the Petitioners will produce the required documents before Respondent no. 4, on or before 9th June 2026. 4) Once the Petitioners produce the documents within the stipulated period as above, Respondent no. 4 shall decide the matter within two weeks therefrom. During the said two weeks' period, no coercive action shall be taken against the Petitioners. 5) Mr. Kadam, learned Counsel for the Petitioners, on instructions from Mr. Abdul Latif / Petitioner No. 2 agreed that if the Petitioners fail to produce the documents as mentioned above, the Petitioner themselves demolish the subject matter structures within one week from 9th June 2026. The said statement is accepted as an undertaking to the Court.

6) Otherwise, the Competent Authority will be at liberty to take necessary measures to demolish the subject structures in accordance with law.

7) Mr. Badgujar, learned AGP states that the Petitioners were ....2

occupying the structures/building as described at page no.79 and 85 of the present Writ Petition. The structures/building stated at page no.85 has been partly demolished. Mr. Kadam, the learned Counsel for the Petitioners, on instructions, states that in case an untoward incident occurred on account of said part demolition, the Petitioners will be responsible for the loss of life and property arising on account of such untoward incident and the Respondents will not be held responsible for that loss of life and property. 8) In view thereof, no further orders are required in the Petition. The Writ Petition stands disposed of in aforesaid terms. (FARHAN P. DUBASH, J.) (SHYAM C. CHANDAK, J.) ....3