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2018 Supreme(Bom) 2157

A.S.OKA, RIYAZ I.CHAGLA
Municipal Corporation of Greater Mumbai – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
A.Y. Sakhare, Adv., K.H. Mastakar, Adv., Vandana Mahadik, Adv., Abhinav Chandrachud, Adv., Shailendra J Singh, Adv., Uma Palsule Desai, Adv.

JUDGMENT :

A.S. Oka, J.

The submissions were heard on the earlier date. This is a Writ Petition filed by the Municipal Corporation of Greater Mumbai which has been established under the provisions of the Mumbai Municipal Corporation Act, 1888 (for short "the said Act of 1888"). Though the Petition relates to a specific building which is described in paragraph 4(i) of the Writ Petition which has been admittedly demolished during the pendency of this Petition, the Municipal Corporation has invited the attention of the Court to several difficulties faced by it while implementing the provisions of Section 354 of the said Act of 1888 and other related provisions. The difficulties are pointed out especially when the Municipal Corporation exercises the power under Section 354 of the said Act of 1888 by directing the demolition of a building in dilapidated/ruinous condition which cannot be repaired.

2. Before we advert to various provisions, we may refer to various orders passed by Division Benches of this Court from time to time. The material order is dated 23rd June 2014 which is passed by a Division Bench of this Court on the basis of the minutes of the order taken on record and marked 'X'

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