One of the accused in the Sara-Sahara Shopping Malls illegal construction case on Friday moved the Supreme Court seeking a stay on a MCOCA court order giving a go-ahead for the demolition of the alleged 'benami' property of underworld don Dawood Ibrahim [Images] in Mumbai.Accused Abdul Rehman Abdul Gafoor Shaikh filed a Special Leave Petition challenging the July 26 order of Special MCOCA Judge in Mumbai M R Bhatkar who had approved the proposed demolition of the complex after vising the malls on Tuesday last.
Shaikh's SLP was mentioned by senior counsel Mukul Rohtagi before a Bench headed by Justice K G Balakrishnan which posted it for hearing on Monday.
The court, however, did not pass any stay order against the demolition.
Rohtagi pleaded for an urgent hearing contending that any delay would cause irreparable damage to the petitioner.
"If the structures are demolished pending the trial, the petitioner will suffer irreparable harm, loss and injury," Shaikh said in his petition.
He pleaded that status quo be maintained in respect of the structures in question particularly because the trial has commenced.
He also submitted that the MCOCA court passed the order without hearing him and other accused and the affected parties.
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