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M. S. SONAK
M. Ashraf Nagarwala – Appellant
Versus
Margao Municipal Council – Respondent
JUDGMENT/ORDER
1. Heard Mr Bhobe, who appears with Ms Annelise Fernandes for the petitioners, Mr I. Santimano for respondent no.1 and Mr Nitin Sardessai, learned Senior Advocate with Mr G. Panandiker for respondent nos.2 & 3.
2. Rule. The rule is made returnable immediately at the request of and with the consent of the learned Counsel appearing for the parties.
3. The challenge in this petition is to the orders dtd. 12/5/2014 and 28/8/2020 made by the Chief Officer and the Revisional Authority, respectively, sealing the petitioners' tenanted premises.
4. Respondent nos.2 and 3 (landlords) filed complaints about some illegal construction being undertaken by the petitioners in the tenanted premises. Acting on such complaints, Stop Work Orders were issued to the petitioners. However, the impugned orders state that the petitioners continued with the illegal construction despite such Stop Work Orders. Ultimately, by order dtd. 12/5/2014, the Chief Officer directed the sealing of the tenanted premises. The Chief Officer also eventually made a demolition order dtd. 20/10/2020.
5. The demolition order dtd. 20/10/2020 is appealed by the petitioners before the Municipal Appellate Tribunal vide Ap
The court established that the exercise of sealing powers under the Municipalities Act must be proportional to the alleged violations, and minor renovations do not warrant such extreme measures.
Sealing of unauthorised construction does not require a written order if a previous sealing order exists. Petitioners' lack of clean hands can lead to dismissal of their petition.
Sealing orders related to building renovations cannot stand if there is insufficient evidence of load-bearing walls, and if the work conforms to building bye-laws.
The main legal point established in the judgment is that the removal of internal partition walls, which are not load bearing, does not require prior permission under the building bye laws.
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building regulations.
Municipal authorities must perform a proper expert structural assessment before sealing a building, as total sealing is disproportionate for unauthorized construction and requires evidence-based just....
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