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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 :
Factual Matrix:
3. The case of the Plaintiff was that the notice structure, which was censused under No. RXC-38 1/1 by the Competent Authority and Pitch Holder Card issued, was in occupation of the Plaintiff’s father prior to 1977. Subsequently the structure came to be censused in the name of the Plaintiff during the census carried out in the year-2000 and the Application for issuance of the photopass was accepted by the concerned authority and census receipt dated 15th July, 2000 was issued in favour of the Plaintiff. It was pleaded that the suit premises is situated in slum area existing prior to the year 1977 and is fully protected.
5. The Plaintiff examined himself and deposed as to the contents of the Plaint. PW-1 produced the Pitch Holder Card Holder at Exhibit-9, Census Receipt date
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....
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 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 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....
The central legal point established in the judgment is the determination of unauthorized construction under Section 354-A of the MMC Act and the reliance on evidence to support the claim of tenantabl....
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