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KAMAL KHATA, R. D. DHANUKA
Steel Plant Private Limited – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGEMENT :
R. D. Dhanuka, J.
1. Rule. Mr.Godbole, learned counsel for the respondents waives service. Rule is made returnable forthwith. By consent of parties, both the writ petitions were heard together and are being disposed off by a common judgment.
2. The petitioners in Writ Petition No. 3350 of 2022 have prayed for writ of certiorari for quashing and setting aside the impugned notice dated 28th February, 2022 issued by the respondent no.2 in respect of the property of the petitioners issued under section 299 of the Mumbai Municipal Corporation Act, 1888 (for short the MMC Act) intending to take possession of the land bearing CTS No. 345/60, Village Marol, Mumbai – 400 059 lying within the proposed regular line of 13.40M wide Gaodevi Road, Village Marol, Andheri (East) of the public street as prescribed and sanctioned by the Commissioner under section 297(1)(b) of the said MMC Act together with its enclosing wall, hedge fencing, otla or other structure external to a building or any portion of a platform, verandah, step or other such structure which may be found upon the said land.
3. The petitioners have also prayed for writ of certiorari for quashing and setting aside the prescri
The main legal point established in the judgment is that the Municipal Corporation's actions under sections 299 and 297(1)(b) of the MMC Act were without jurisdiction as the affected land did not fal....
The court emphasized the importance of upholding the regular line of the street for public interest and found that the impugned notices were legal under the Bombay Municipal Corporation Act, 1888.
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
Section 265 of Act reads as vesting of public streets and their appurtenances in corporation.
Petitioner was denied natural justice as no hearing was provided before sanctioning a public road through their property; decisions were set aside for non-application of mind and improper considerati....
Prolonged inaction on sanctioned road alignment plans justifies cancellation under statutory provision after ten years, upholding property rights against arbitrary municipal authority.
Civil Courts cannot entertain suits challenging notices of unauthorized construction unless a clear case of nullity is demonstrated, as per statutory provisions under Section 433A of the Maharashtra ....
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