A bench comprising Justices H K Sema and Markandey Katju told the counsel for the petitioner that the impugned order of the Bombay High Court was only an interlocutory order and this court is not inclined to interfere with the High Court order dated October 18, 2007 directing that the petition would be heard together with other petitions related to Waqf Board property.
Mukesh was constructing a multi-storey complex having a hellipad and other modern amenities like swimming pool and gym club.
The petition in the apex court was filed by Currimbhoy Ibrahim Khoja Orphange.
The land measuring 11793 sq yards was sold in 2004 by the trust for a charitable purpose of looking after the destitutes and orphan children belonging to the Khoja Mohammedan community. The land was given to the Maharashtra State Board of Waqf by Jivagi Raje Scindia in 1957. The MoU was signed with four companies namely Antillia Commercials, Saphire Realtors, Rockline Constructions and Baun Foundation trust.
The ongoing construction of the seventeen-storey complex by Mukesh Ambani, was stopped by the Bombay Municipal Corporation(BMC) following the decision taken by the Maharashtra government not to allow the construction after a meeting between the members of the Joint Parliamentary Committee(JPC) and state Chief Minister Vilasrao Deshmukh in 2007.
A large number of people belonging to the Muslim community complained to the members of JPC that waqf board property cannot be sold and the sale was illegal.
However, the apex court permitted the petitioner to withdraw their petition and dismissed it as withdrawn.