MOHD. SIDDIK SHAIKH vs MUNCIPAL CORPORATION OF GREATER MUMBAI

Judgment text excerpt

1-AOST-924-2025(j).doc varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 924 OF 2025 1. Mohd. Siddik Shaikh Having his residence at Room No. 702, 7th Floor, Uttam Terrace Building, 132, Zakaria Masjid Street, Chinchbunder, Pydhonie, Mumbai – 400 009. 2. Hussain Ahmed Khan Having his residence at Room No. 601-602 & 707 at 6th and 7th Floor, Uttam Terrace Bldg, 132, Zakaria Masjid Street, Chinchbunder, Pydhonie, Mumbai -400 009. … Appellants Vs. 1. Municipal Corporation of Greater Mumbai, a body corporate constituted under the Mumbai Municipal Act, 1888 having its office at Mahapallika Marg, Opp. CSMT station, Fort, Mumbai- 400 001 2. The Executive Engineer … Respondents (Designated Officer), B & F Department, B-ward, BMC office Building, 121, Ramchandra Bhatt Marg, Opp. J.J. Hospital, Mumbai 400 009. Page no. 1 of 71 1-AOST-924-2025(j).doc Mr. V.A. Sugdare i/b. Mr. Sandeep Sharma for the Appellants Ms. Purnima Kantharia, GP a/w. Mr. Om Suryawanshi for respondent - BMC Mr. Y.M. Marathi, A.E(B&F) ‘B’ Ward present. CORAM : GAURI GODSE, J. RESERVED ON : 6th MARCH 2025 FURTHER HEARING ON : 27th MARCH 2025 PRONOUNCED ON: 9th JUNE 2025 JUDGMENT: BASIC FACTS: 1. This appeal was heard on 6 th March 2025, and the judgment was reserved. Later on, this court noticed that the appeal was argued based on an unamended Section 354A of the Mumbai Municipal Corporation Act, 1888 (‘said Act’). The said section was amended in the year 2012. Hence, the appeal was listed for directions on 20th March 2025, and at the request of the respective learned counsels for both parties, the appeal was listed for further hearing on 27th March 2025. Learned counsels for the parties submitted that the amendment to the Page no. 2 of 71 1-AOST-924-2025(j)