Case Details

  • Case Name: Writ Petition(s)(Civil) No(s). 755/2026
  • Petitioner: Jivanam Developers Pvt. Ltd.
  • Respondent(s): State of Maharashtra & Ors.
  • Court/Authority: Supreme Court of India, Partial Court Working Days Bench
  • Judges: Hon'ble Mr. Justice Prashant Kumar Mishra, Hon'ble Mr. Justice Atul S. Chandurkar
  • Order No.: Admission IA No. 178172/2026 – Exemption from filing O.T. IA No. 178171/2026 – Stay application
  • Date of Hearing: 10‑06‑2026
  • Period of Dispute: Not specified; relates to proposed demolition of 13th‑15th floor of the subject building.

Parties Involved

  • Petitioner: Jivanam Developers Pvt. Ltd.
  • Respondent(s): State of Maharashtra & others.
  • Counsel for Petitioner: Mr. Amit Rawal (Senior Advocate), Mr. Amit Kumar (Advocate), Mr. Ashish Pandey (Advocate on Record).
  • Court Master(s): Nisha Khulbey, Akshay Kumar Bhoria.

Issues / Allegations / Violations

  • Petitioners contend that demolition of the 13th‑15th floor of the building is neither desirable nor legal without an aeronautical study.
  • They argue that demolition would cause irreparable loss to the petitioner, who is the new developer assuming the position of the earlier developer.
  • The petitioner seeks exemption from filing O.T. IA No. 178171/2026 and a stay on the demolition.

Findings & Observations

  • The Court referred to its earlier observations in Civil Appeal Nos. 10928‑937/2024, emphasizing that authorities should first consider regularisation/compounding before demolition, especially where public interest or rights of innocent third parties are involved.
  • The Court noted that proceeding with demolition without an aeronautical study is not desirable nor legal.

Penalties / Settlements / Directions

  • The Court issued a notice, returnable on 25 June 2026.
  • Service of the notice through dasti mode is permitted.
  • The demolition of the 13th‑15th floor of the subject building is stayed pending further proceedings.

Corrective Actions & Future Obligations

  • No specific corrective actions beyond the stay and notice were ordered.

Final Ruling & Enforcement

  • The demolition of the specified floors shall remain stayed.
  • Parties must comply with the notice and return it by the stipulated date.
  • Service of the notice may be effected via dasti mode as permitted by the Court.