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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Gauri Godse,
Mehta & Co. – Appellant
Versus
Municipal Corporation of Greater Mumbai through the Municipal Commissioner – Respondent
JUDGMENT :
GAURI GODSE, J.
1. This is an absolutely unfortunate case where the plaintiff’s structure is high-handedly and illegally demolished by the officers of the Municipal Corporation of Greater Mumbai (“corporation”) under the garb of implementation of the redevelopment scheme under Regulation 33(9) of Development Control and Promotion Regulation 2034 (“DCPR 2034”). The plaintiff was occupying the demolished structure for the purpose of providing charitable services of food and shelter to the poor and needy cancer patients receiving treatment for cancer from the Tata Memorial Hospital. The plaintiff’s structure, which is demolished, was situated on a municipal plot that is the subject matter of the redevelopment scheme, which is situated adjacent to the Tata Memorial Hospital.
2. Pursuant to the order dated 14th February 2025, the appeal is taken up for final disposal at the admission stage. Since the structure occupied by the plaintiff is held eligible for permanent rehabilitation under the scheme as reflected in Annexure II, a submission was made on behalf of the appellant on the very first day of the hearing that the corporation may consider the plaintiff’s entitlement under t
The demolition of the plaintiff's structure by the corporation was illegal due to non-compliance with procedural requirements, entitling the plaintiff to temporary accommodation and costs.
Municipal corporations must follow legal procedures for demolition; illegal structures cannot be reconstructed even if demolished unlawfully.
Illegal construction on government land without ownership or permission does not entitle the petitioners to challenge the Corporation's action. The Corporation's offer of alternative accommodation ma....
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....
Compliance with notice and service requirements is essential for lawful demolition actions under municipal regulations.
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
The duty of the municipal authority to ensure prompt demolition of unauthorized constructions and the precedence of the order of a higher court over that of a subordinate court.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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