1994 Supreme(Bom) 124
M.F.SALDANHA
Pune Municipal Corporation by its Commissioner – Appellant
Versus
Nanasaheb Nagoji Bhosale – Respondent
JUDGMENT - M.F. SALDANHA, J.:---With the uncontrolled growth of unauthorised structures erupting in the cities, the time has come now for the courts to specify in no uncertain terms as to what is the correct ambit and scope of the powers vested in the Corporations to order demolition or to themselves pull down or remove the structures. The traditional argument that has been advanced to the effect that it is a basic requirement of law that the procedure of showing cause or hearing and passing of an order must precede the demolition has unfortunately resulted in a time-consuming and laborious exercise in every case, inevitably followed by litigation, with the result that for decades together the structures continue in existence without any legal justification whatsoever. In the meanwhile, ration-cards are obtained, licences are issued, names are put down on the voters lists and all sorts of evidence establishing long-term user comes forth in support of the plea that it would be harsh and improper to order demolition. The net result, however, is that the law is subverted, slumlords have a heyday and building activities continue in flagrant breach of all established norms of planning a
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