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M. W. CHANDWANI, A. S. CHANDURKAR
Tanzimul Muslimin Soc. – Appellant
Versus
Commissioner, Navi Mumbai Municipal Corporation – Respondent
JUDGMENT
A.S.CHANDURKAR, J. - In this Interim Application, preferred by the original petitioner in Writ Petition No.132 of 2021, the following prayers have been made :-
(a). This Hon'ble Court be pleased to direct the Respondent No.3 to appoint a suitable officer as Nodal Officer or this Hon'ble Court itself be pleased to appoint any suitable officer from the departments of the respondents as a Nodal Officer to facilitate the construction of the Masjid on the said Plot bearing No.17A, Sector 8, Navi Mumbai as per the approved plan in accordance with law.
(b). This Hon'ble Court be pleased to direct the Respondent No.6 to provide police protection for the construction of the Masjid at the said Plot bearing No.17A, Sector 8, Navi Mumbai."
2. Writ Petition No.132 of 2021 was filed by the applicant raising a challenge to the communication dtd. 27/12/2018 issued by the Assistant Director, Town Planning, Navi Mumbai Municipal Corporation, by which the applicant was informed that though on 17/11/2018, building permission had been granted by the Municipal Corporation, a likelihood of a law and order situation could arise if the construction was undertaken by the applicant. Hence, the Munici
The necessity of challenging relevant communications and obtaining final building permission before seeking police protection for construction under the Maharashtra Regional and Town Planning Act, 19....
Writ jurisdiction under Article 226 is not the appropriate avenue for enforcing civil court injunctions; petitioners must seek enforcement through the trial court.
The petitioner has a remedy of appeal and the writ petition is dismissed.
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
The court establishes the entitlement to police protection for construction in the absence of civil dispute interference.
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