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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Diwakar Ratan Thakur – Appellant
Versus
Municipal Corporation Of Greater Mumbai – Respondent
| Table of Content |
|---|
| 1. challenge to demolition notice (Para 2) |
| 2. plaintiff's claims and evidence (Para 3 , 5 , 6) |
| 3. trial court's proceedings (Para 4) |
| 4. plaintiff's counsel's submissions (Para 7) |
| 5. defendant's counsel's submissions (Para 8 , 9) |
| 6. determination of the point (Para 10) |
| 7. court's reasoning on protection (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19) |
| 8. outcome of the appeal (Para 18) |
JUDGMENT :
1. The First Appeal filed by the Original Plaintiff impugns the judgment and order dated 1st July, 2024 passed by the Bombay City Civil Court dismissing S. C. Suit No. 567 of 2013 seeking declaration and injunction.
Factual Matrix:
2. L. C. Suit No. 567 of 2013 was filed challenging the notice dated 6th October, 2012 issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 (“MMC Act”), the consequent order dated 6th February, 2013 passed by the Assistant Municipal Commissioner R/North Ward and the notice dated 12th October, 2017 directing removal of the notice structure. The notice structure is described in the Plaint as structure admeasuring 2450 sqr. ft. made of partly B. M. and Patra Wall with A. C. Sheet roof situated at, C.T.S. No. 557, Near I. C. Colony, Link Road, Dahi
A censused structure is protected under municipal policy, regardless of its commercial use or the slum status of the area.
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....
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.
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....
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....
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....
Plaintiffs challenging notice under Section 351 of MMC Act must prove structure's legality by cogent documentary evidence matching notice details and permissions; tax receipts, notifications, letters....
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.
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