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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. GADKARI, KAMAL KHATA
Asif Fazal Khan – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks a Writ of Mandamus directing the Brihanmumbai Municipal Corporation (‘BMC’), Respondent No.1 to discharge its statutory duties under the Brihanmumbai Municipal Corporation Act, 1988 (‘BMC Act’) and demolish the illegal construction carried out by Respondent No.3.
BRIEF FACTS:
2) A member of Manav Seva Dham Charitable Trust (‘Charitable Trust’) noticed an illegal construction being erected in an open space bearing CTS No.1054, next to Lotus Apartment and opposite Lokbharti Building, at Marol village, Andheri (East), Mumbai-400059. On 2nd March 2021, the Charitable Trust made a complaint about the illegal construction addressing a letter and photographs (Exhibit ‘B’) to the Assistant Engineer Maintenance Department. Another complaint was addressed to the Municipal Officer, K/East Ward on 11th May 2022 with regard to the illegal construction by Respondent No.3 – Azam Akbar Khan. No action was taken and nor was there any response from the BMC. The Charitable Trust asked the Petitioner to take over the cause. The Petitioner made an application under the Right to Information Ac
The court mandated the BMC to fulfill its statutory duties by demolishing illegal constructions, emphasizing accountability and prompt action against unauthorized developments.
The court affirmed the necessity of preserving public spaces and the illegality of unauthorized constructions on reserved land, emphasizing strict adherence to zoning regulations.
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.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Civil Courts cannot entertain suits challenging notices of unauthorized construction unless a clear case of nullity is demonstrated, as per statutory provisions under Section 433A of the Maharashtra ....
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
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