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M. M. SATHAYE
Maqsood Ahmed Jamaluddin Khan – Appellant
Versus
Municipal Corporation Of Greater Mumbai Thr. Assistance Commissioner D-Ward – Respondent
JUDGMENT :
1. Learned counsel for the parties were heard on 11.12.2024 and 16.12.2024 and it is placed today for passing order.
2. The Appellants are Plaintiffs and Respondent are Defendants. The appeal is filed challenging the Order dated 22.11.2024 passed by the City Civil Court, Greater Mumbai in Notice of Motion No. 4920 of 2024 in L.C. Suit No. 6405 of 2024. By the said impugned Order ad-interim relief is refused. The said motion was taken out for restraining the Respondents from acting upon on the notices dated 08.10.2024 and speaking Orders dated 04.11.2024 issued by Respondent No.1/Municipal Corporation in respect of suit structures.
3. The suit is filed challenging the notices issued u/s. 351 of the Mumbai Municipal Corporation Act (for short ‘the said Act’), dated 08.10.2024 and the speaking Orders dated 04.11.2024 passed by the Designated Officer of Respondent No.1/Municipal Corporation.
SUBMISSIONS
4. Learned counsel for the Appellants Mr. Saraogi, submitted that the Appellants/Plaintiffs are lawful occupants of their respective suit structures which are in existence since prior 1945. It is submitted that the suit structures have been assessed by the Respondent/Municipal Cor
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.
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....
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....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The main legal point established in the judgment is the interpretation of the Municipal Policy for protecting structures and the application of Section 354-A of the Mumbai Municipal Corporation Act, ....
Appellants lack legal standing for injunction against demolition as they suppressed prior litigation and proved non-entitlement to the unauthorized structures.
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....
The court affirmed that unauthorized structures on custodia legis land cannot be legitimized without substantial evidence, and frivolous legal challenges obstruct legitimate justice.
The demolition of protected structures without due process (notice) is illegal and entitles the occupier to reconstruct the premises at their own cost, maintaining the obligations under prior agreeme....
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