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G. S. KULKARNI
Jayashree Prakash Mahadik – Appellant
Versus
Om Prakash Gupta – Respondent
JUDGMENT/ORDER
1. The order impugned in these appeals is an order dtd. 27/7/2020 passed by the learned Judge, City Civil Court at Bombay whereby Notice of Motion No. 1766 of 2022 filed by the appellant/plaintiff in L.C. Suit No. 1138 of 2022 has been rejected.
2. Perusal of the record indicates that there was no ad-interim protection granted by this Court till date. When the proceedings were heard by this Court on 13/2/2023 (yesterday) on urgent mentioning, the matter was adjourned for today to enable the learned advocate for the Municipal Corporation to take instructions.
3. I have heard Ms. Mangale, learned counsel for the appellants and Mr. Walawalkar, learned senior counsel along with Ms. Tondwalkar for the Municipal Corporation.
4. At the outset, it needs to be observed that the appellants/plaintiffs under the garb that they are project affected persons, are occupying tenements in question relying on allotment letters alleged to be issued by the Municipal Corporation. The Municipal Corporation had categorically contended that the allotment letters and possession receipts produced by the appellants/plaintiffs were bogus and fabricated. The learned trial Judge on the materials as pl
Possession based on forged documents does not confer legal rights, and the state has the authority to evict unauthorized occupants without extensive due process when such possession is unlawful.
The court affirmed that long-standing residential occupancy rights must be respected and that statutory notices claiming unauthorized structures must be substantiated with clear and compelling eviden....
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 court affirmed that unauthorized structures on custodia legis land cannot be legitimized without substantial evidence, and frivolous legal challenges obstruct legitimate justice.
The Special Officer lacked jurisdiction to regularize unauthorized construction under the KMC Act, rendering the action null and emphasizing the fundamental nature of jurisdiction in legal proceeding....
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