Mozam Ali Mir v. The Mumbai Municipal Corporation Thr Municipal Commissioner

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 358 OF 2026 WITH COURT RECEIVER REPORT NO. 9 OF 2026 WITH INTERIM APPLICATION NO. 2836 OF 2026 IN APPEAL FROM ORDER NO. 358 OF 2026 Mozam Ali Mir Appellant / Orig.

Plaintiff

Versus

The Mumbai Municipal Corporation and Ors.

.. Respondents ..

....................

 Mr. Anil Sakhare, Senior Advocate a/w. Ms. Aruna Sarla, Advocates i/by M/s. Divya Vijay Parab for Appellant.

 Mr. Sachin Vajale, Advocate for Respondent Nos.1, 2 and 3 - BMC.  Ms. Samiksha P. Rajput, Advocate i/by M/s. Lexicon Law Partners for Respondent No.5.

 Mrs. Nandini Deshpande, 1st Assistant to Court Receiver present. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MAY 07, 2026.

P.C.:

1.

Heard Mr. Sakhare, learned Senior Advocate for Appellant; Mr. Vajale, learned Advocate for Respondent Nos.1, 2 and 3 - BMC and Ms. Rajput, learned Advocate for Respondent No.5. 2.

There is an inadvertant mistake, rather typographical mistake in paragraph No.4 of the order dated 04.05.2026. In line No.3 of paragraph No.4, the words 'number of flats' will stands deleted and substituted by the following words 'the number of the flat'.

3.

Necessary correction be carried out in the original order dated 04.05.2026 and corrected order be uploaded for the benefit of the parties.

4.

When this matter is mentioned before me, liberty is also taken by Appellant to place before the Court his grievance with regard to non-receipt of the benefit. The benefit according to Appellant is calculated by him on the basis of the same benefit having been accorded to other similarly placed members / occupants in the redevelopment.

5.

Mr. Sakhare, learned Senior Advocate has persuaded the Court to impress upon the Respondents, rather the Developer to accord and give the same benefits to Appellant without delay. Learned Advocate appearing for the Developer apprises the Court that draft PAAA will be given to the Appellant by tomorrow. 6.

That apart, with regard to the payments which are required to be made for the benefits, the same will also be given to the Appellant after computation of the same. However, in order to ease the work of the Developer regarding computation, a comparative chart has been prepared by Appellant and placed before the Court, inter alia, pertaining to the benefits to which the Appellant is entitled. 7.

The said computation chart is taken on record and marked 'X' for identification. For the sake of reference and convenience, the

said computation chart is scanned and reproduced below:-

8.

The Developer shall ensure that the computation which has been given by Appellant will be looked into by the Developer and within a period of one week from today, Developer will confirm the same. If there is any discrepancy in the computation, the same will also be apprised to the Appellant within one week alongwith reasons. 9.

Liberty to apply to both parties in case of any difficulty. If the computation which is given by the Appellant is correct, then Developer is directed to give necessary benefits, rent, transit accommodation charges, etc. to the Appellant as expeditiously as possible. 10.

Considering the request made by the Advocate for Developer no time is fixed, but the benefit should be given within a reasonable period of time, lest if it is not given, Appellant shall have the liberty to move the Court.

11.

Praecipe 06.05.2026 is disposed and allowed in the above terms.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date:

2026.05.07 19:27:35 +0530 AJAY TRAMBAK UGALMUGALE