The Supreme Court has set aside an order of the Bombay High Court that vacated an interim relief that had been in effect for two and a half years without providing the appellant a reasonable opportunity to challenge it. It directed that the interim relief granted on August 30, 2022, remain in force until the High Court delivers its verdict.

The Court was hearing a Writ Petition where the High Court had granted interim relief on August 30, 2022, which was subsequently extended multiple times. On February 12, 2025, the High Court reserved its order on the writ petition but vacated the interim relief while doing so. The judgment was digitally signed and uploaded on February 17, 2025.

While hearing an Appeal against the Bombay High Court’s decision, the Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan remarked, "All Benches of the High Court pass a large number of orders every day, and it takes time to correct, sign, and upload them. When an interim relief had been operative for two and a half years, it was necessary for the Court to extend the same for a reasonable time so that the appellant could get a copy of the order and challenge it."

Senior Advocate Meenakshi Arora appeared for the Petitioner, while Solicitor General (SG) Tushar Mehta appeared for the Respondent.

The Court noted that if the High Court found no merit in the Writ Petition, it should have dismissed it outright on February 12, 2025, allowing the appellant to challenge the order. Moreover, even if there was justification for vacating the interim relief, fairness demanded that it be continued for a reasonable period to enable the appellant to seek legal recourse.

In light of this, the Court directed that the interim relief granted on August 30, 2022, shall continue until the pronouncement of the final order in the writ petition. If the petition is dismissed, the High Court must extend the relief for a reasonable period to allow the appellant to appeal.

"We do not approve this approach on the part of the High Court. Now that the order in the writ petition has been reserved, we direct that the interim order dated 30th August, 2022, shall continue to operate till the order/judgment in the writ petition is pronounced. We make it clear that if the writ petition is dismissed, the High Court will extend the interim relief for a reasonable time to enable the appellant to challenge the final order," the Court ordered.

The Court clarified that it had not adjudicated on the merits of the case and that all issues remained open for the High Court’s consideration. The Appeal was disposed of accordingly.

Cause Title: Bombay Slum Redevelopment Corporation Private Limited v. Mumbai Housing and Area Development Board & Anr. [Special Leave To Appeal (C) No. 6122/2025]

Appearance:-

Petitioner: Senior Advocate Meenakshi Arora, Advocates Mohit D. Ram (AOR), Nishant Chothani, Ankit Lohia, Atman Mehta, Vipul Patel

Respondent: Solicitor General Tushar Mehta, Advocates Chirag M. Shroff (AOR), Mahima C Shroff, Anand Thumbayil, Sushant Dogra, Vikas Singh Jangra (AOR)

Click here to read/download the Order



Justice Abhay S OkaJustice Ujjal BhuyanBombay High Court

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.