Libas Designers Guilty of Contempt in Flat Case
ECONOMY & POLICY

Libas Designers Guilty of Contempt in Flat Case

The Bombay High Court has held Nishant Mahimtura, chairman of the design label Libas, and Riyaz Gangji, its executive director and fashion designer, guilty of contempt for violating court orders issued nearly 19 years ago. The case pertains to the illegal amalgamation of two ground-floor flats in a Pedder Road building, where the partition wall was removed to combine the flats into a single commercial space. Both flats currently house the Libas designer store.

HC’s Rebuke and Sentencing Directive A bench comprising Justices Ajay Gadkari and Kamal Khata issued a strong indictment, stating that the duo had “brazenly, wilfully, and successfully” flouted court orders dated June 22, 2006, and September 27, 2007. The court directed the registry to issue notices to Mahimtura and Gangji, asking them to appear on February 18, 2025, to explain why they should not be sentenced under the Contempt of Courts Act.

The court also directed the Brihanmumbai Municipal Corporation (BMC) commissioner to personally file an affidavit outlining actions taken to restore the flats to their original state. This includes rebuilding the partition wall to separate the two flats, as per the sanctioned plan, and ensuring that the changes satisfy the housing society’s members.

Society’s Complaint and BMC’s Inaction The Sukhshanti Cooperative Housing Society Limited (CHSL) had complained that Mahimtura and Gangji amalgamated the flats, which included property owned by the late Dr. L. Soneji, by removing partition walls, installing shutters, and encroaching on common areas. These actions allegedly compromised the structural stability of the building.

The BMC issued three warning notices to the duo but failed to restore the flats to their original configuration. Despite the High Court granting the civic body permission to demolish the illegal construction in 2006, the notices were not implemented. The society escalated the matter by filing a suit in 2006 and later approaching the High Court again in September 2007.

Court’s Observations The judges noted that Mahimtura and Gangji claimed the flats were interconnected for over 25 years and argued that renovations were legal. They submitted BMC assessment bills and business licenses as evidence of commercial activity. However, the court dismissed these claims, stating that a license for commercial activity does not permit structural alterations or a change in land use.

“It is the respondents who have flouted the law. They have not obtained any permissions from BMC. They have taken advantage of being adjoining flat owners and illegally usurped late Dr. Soneji’s ownership premises without following the due process of law,” the bench remarked.

The court also expressed frustration with the BMC for selective enforcement of the law. “Non-implementation of directions passed by these courts would embolden and encourage offenders and bring the state to anarchy and lawlessness,” Justice Khata wrote for the bench.

Mandates for BMC and Civic Accountability The High Court directed the BMC commissioner to investigate why earlier notices were not enforced and to identify officers responsible for this lapse. The affidavit must also include details of any actions taken against those officials. The bench criticized the civic body for not seeking police assistance to ensure compliance with court orders and observed a trend of rising lawlessness due to weak enforcement.

The judges emphasized that the partition walls must be rebuilt immediately to prevent further danger to the building’s structural integrity and restore order.

Closing Remarks In a scathing critique, the court said, “Having seen a rise in this trend [for the] past several months, we have appraised the current municipal commissioner as well as the police commissioner to stem this rot.”

As the case unfolds, the February 18 hearing will determine the sentence and penalties for Mahimtura and Gangji, potentially setting a precedent for stronger judicial action against contempt and illegal construction.

The Bombay High Court has held Nishant Mahimtura, chairman of the design label Libas, and Riyaz Gangji, its executive director and fashion designer, guilty of contempt for violating court orders issued nearly 19 years ago. The case pertains to the illegal amalgamation of two ground-floor flats in a Pedder Road building, where the partition wall was removed to combine the flats into a single commercial space. Both flats currently house the Libas designer store. HC’s Rebuke and Sentencing Directive A bench comprising Justices Ajay Gadkari and Kamal Khata issued a strong indictment, stating that the duo had “brazenly, wilfully, and successfully” flouted court orders dated June 22, 2006, and September 27, 2007. The court directed the registry to issue notices to Mahimtura and Gangji, asking them to appear on February 18, 2025, to explain why they should not be sentenced under the Contempt of Courts Act. The court also directed the Brihanmumbai Municipal Corporation (BMC) commissioner to personally file an affidavit outlining actions taken to restore the flats to their original state. This includes rebuilding the partition wall to separate the two flats, as per the sanctioned plan, and ensuring that the changes satisfy the housing society’s members. Society’s Complaint and BMC’s Inaction The Sukhshanti Cooperative Housing Society Limited (CHSL) had complained that Mahimtura and Gangji amalgamated the flats, which included property owned by the late Dr. L. Soneji, by removing partition walls, installing shutters, and encroaching on common areas. These actions allegedly compromised the structural stability of the building. The BMC issued three warning notices to the duo but failed to restore the flats to their original configuration. Despite the High Court granting the civic body permission to demolish the illegal construction in 2006, the notices were not implemented. The society escalated the matter by filing a suit in 2006 and later approaching the High Court again in September 2007. Court’s Observations The judges noted that Mahimtura and Gangji claimed the flats were interconnected for over 25 years and argued that renovations were legal. They submitted BMC assessment bills and business licenses as evidence of commercial activity. However, the court dismissed these claims, stating that a license for commercial activity does not permit structural alterations or a change in land use. “It is the respondents who have flouted the law. They have not obtained any permissions from BMC. They have taken advantage of being adjoining flat owners and illegally usurped late Dr. Soneji’s ownership premises without following the due process of law,” the bench remarked. The court also expressed frustration with the BMC for selective enforcement of the law. “Non-implementation of directions passed by these courts would embolden and encourage offenders and bring the state to anarchy and lawlessness,” Justice Khata wrote for the bench. Mandates for BMC and Civic Accountability The High Court directed the BMC commissioner to investigate why earlier notices were not enforced and to identify officers responsible for this lapse. The affidavit must also include details of any actions taken against those officials. The bench criticized the civic body for not seeking police assistance to ensure compliance with court orders and observed a trend of rising lawlessness due to weak enforcement. The judges emphasized that the partition walls must be rebuilt immediately to prevent further danger to the building’s structural integrity and restore order. Closing Remarks In a scathing critique, the court said, “Having seen a rise in this trend [for the] past several months, we have appraised the current municipal commissioner as well as the police commissioner to stem this rot.” As the case unfolds, the February 18 hearing will determine the sentence and penalties for Mahimtura and Gangji, potentially setting a precedent for stronger judicial action against contempt and illegal construction.

Next Story
Infrastructure Urban

Panasonic Showcases Connected Display Solutions

Panasonic Life Solutions India showcased its integrated display, projection, broadcast and communication technologies at Panasonic Tech Summit 2026 in New Delhi. Hosted through its System Solutions Division, the two-day event highlighted connected technology solutions for education, healthcare, retail, transportation, corporate offices and entertainment.The summit, themed ‘Turning Technology into Value’, featured experience-led zones covering QSR, retail, transit, corporate offices, healthcare, education, security, projection, home theatre and professional displays. Panasonic also introduc..

Next Story
Infrastructure Transport

Kapsch to Deliver India’s First C-ITS Project

"Kapsch TrafficCom will deliver India’s first Cooperative Intelligent Transport Systems project on a key expressway near New Delhi. The project will be implemented with Superwave Communication And Infrasolution Limited to demonstrate how connected mobility can improve road safety and traffic efficiency.The pilot will use real-time connectivity and AI-enabled situational awareness to support road users, especially in high-risk areas such as temporary work zones. Drivers will receive alerts on roadworks, maintenance vehicles, hazardous locations, traffic queues and temporary virtual signage di..

Next Story
Infrastructure Urban

Eurobond Net Profit Rises 44 Per Cent

Euro Panel Products, the parent company of Eurobond, reported a 44.13 per cent year-on-year rise in net profit for FY25–26. The company’s revenue from operations grew 18.91 per cent to Rs 503.20 crore, compared to Rs 423.18 crore in the previous financial year.The company’s full-year EBITDA stood at Rs 56.67 crore, marking a 31.82 per cent increase. Profit after tax rose to Rs 26.56 crore, while net worth increased 20.15 per cent to Rs 160.07 crore. Earnings per share for the year stood at Rs 10.84.Divyam Rajesh Shah, Whole Time Director and CFO, Euro Panel Products, said the company’s..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

-->