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SANDEEP V. MARNE
Sandesh Sonu Gawalkar – Appellant
Versus
Municipal Corporation, Gr. Mumbai Mahapalika Bhavan, Mumbai – Respondent
JUDGMENT :
1. By this appeal, Appellant challenges order dated 24 June 2022 passed by the City Civil Court refusing to grant ad-interim relief of injunction against Notice dated 26 February 2022 for demolition of part of suit structure.
2. Briefly stated, facts of the case are that the Appellant-Plaintiff claims to be the owner of suit structure bearing house No.62/DC situated at Gawalkar House, Worli Koliwada, Mumbai 400 030. He claims that to be in possession of part of suit structure and the balance part has been let out to different tenants. Appellant-Plaintiff claims that he has carried out some tenantable repairs to the suit structure by replacing internal and external plaster.
3. The Designated Officer of G/South Ward of Municipal Corporation of Greater Mumbai issued Notice dated 26 February 2022 under provisions of Section 354A of the Mumbai Municipal Corporation Act 1988 (Act) to Appellant-Plaintiff alleging that he had unlawfully commenced and was unlawfully carrying on work described in the Schedule to the notice. Appellant-Plaintiff was accordingly called upon to stop execution of the work and produce permission granted by Competent Authority for execution of said work. In
Compliance with notice and service requirements is essential for lawful demolition actions under municipal regulations.
The judgment emphasizes the importance of establishing a prima facie case and balance of convenience for granting temporary injunctions, and the need for the appellant's conduct to be free from blame....
Suit against municipal body challenging demolition notice requires proven pre-suit notice under Section 527 MMC Act; mere plaint averment insufficient against specific denial, no waiver without expli....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The duty of municipal officers to take action against illegal and unauthorized structures, and the need for a well-considered approach by the Civil Court in dealing with applications for temporary in....
The central legal point established in the judgment is the determination of unauthorized construction under Section 354-A of the MMC Act and the reliance on evidence to support the claim of tenantabl....
The main legal point established in the judgment is the justification for issuing a notice under Section 412(1) of the Kolkata Municipal Corporation Act, 1980, based on building violations, and the a....
The invocation of a civil remedy is not totally barred by Section 433A, and jurisdiction of the Civil Court could be invoked in a given case.
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