Authority: High Court of Judicature at Bombay

Order Date: 1st October 2026

Case Overview

  • Appellants: Pradeep Motumal Karamchandani and Farook Yusuf Kadawala, owners of shops in Khar Seven Stars Co‑op Housing Society Ltd, Khar (W), Mumbai.
  • Respondents: Municipal Corporation of Greater Mumbai (MCGM) and the Designated Officer/Executive Engineer (B&F), Ward H/West, MCGM.
  • Appeals: Appeal from Order No.957 of 2026 (impugning a City Civil Court order dated 24 September 2026 in L.C. Suit No.1886 of 2026) and Appeal from Order No.958 of 2026 (impugning a City Civil Court order dated 23 September 2026 in L.C. Suit No.1959 of 2026).
  • Background: The trial court dismissed the notice‑of‑motions filed by the appellants and refused interim protection for the shops slated for demolition. The appellants argued non‑compliance with Section 53(1) of the Maharashtra Regional and Town Planning Act and with Supreme Court directions on demolition procedures (see Supreme Court judgment 2025 5‑SCC‑1, paragraphs 93‑97).
  • Supreme Court directions highlighted: prior show‑cause notice (minimum 15 days), service by registered post and conspicuous posting, digital notification to Collector/DM, assignment of a nodal officer, creation of a digital portal within three months, personal hearing, detailed final order, 15‑day stay on implementation, requirement of video‑recorded demolition, and contempt provisions for non‑compliance.
  • Counsel for appellants contended that the notice dated 27 July 2026 under Section 53(1) did not follow the Supreme Court guidelines and that the shops have existed since 1962‑63 without sanctioned plans.
  • Counsel for MCGM maintained that the trial court’s order was well‑reasoned, the appellants had violated approved plans, and part demolition had already been carried out (photographs marked “X”).
  • Both parties agreed that further demolition should not proceed and that the status‑quo should be maintained pending final determination.

Final Outcome

  • The High Court, without expressing any prima facie view on merits, directed the trial courts to decide both L.C. Suits (Nos. 1886 of 2026 and 1959 of 2026) expeditiously, preferably within three months from the date of uploading this order.
  • Parties are prohibited from seeking adjournments during the trial; all contentions remain open for consideration.
  • Status‑quo as of the order date is to be maintained until disposal of the suits.
  • Both appeals are disposed of; no costs are awarded; interim applications stand disposed of.

Topics: Demolition Procedure, Municipal Regulation