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N. J. JAMADAR
Devendra Ramchandra Palsamkar – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT/ORDER
N.J.JAMADAR,J. - This appeal is directed against an order dtd. 10/2/2023 passed by the learned Judge, City Civil Court, Dindoshi (Borivali Division) in Notice of Motion No. 4118 of 2017 in L.C. Suit No. 3231 of 2016 whereby the Notice of Motion taken out by the appellant/plaintiff for temporary injunction came to be rejected.
2. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed before the City Civil Court.
3. Shorn of superfluities, the facts are:
<WXY>a] The plaintiff claimed to be in use, occupation and possession of a structure admeasuring 15 x 9 ft. made up by B.M. Wall and A.C. sheet roof and a shed in front of the said structure admeasuring 45 x 15 situated at Survey No. 163, Kandivali (w), Mumbai (the notice structure). The plaintiff asserts the notice structure is duly censused in the year 1976. Ravi (Rev) Joseph Pareira was the original occupant of the notice structure. It was censused vide Census No. RXC-1-1/1A. A census certificate was issued on 29/11/2016 in favour of the previous occupant. The factum of the notice structure being a censused property is also recorded in the census for
The court established that the Municipal Corporation has the authority to take action against unauthorized structures, regardless of their status as censused properties, and that the cancellation of ....
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....
A censused structure is protected under municipal policy, regardless of its commercial use or the slum status of the area.
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....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The court emphasized the necessity of prima facie evidence for lawful occupancy and the burden of proof regarding unauthorized structures, which varies based on specific case facts.
Unauthorized structures on public streets removable without notice; tax payments, electricity bills do not legitimize or create equity; clean hands doctrine bars relief to encroachers abusing process....
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....
No proof of pre-datum line structure existence via assessments, Tikka Sheets, repair permissions, or IOD; illegal structures incurably demolishable; subsequent permissions do not legitimize.
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