Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Vasant Krushant Vanjare – Appellant
Versus
Municipal Corporation of the City of Pune – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Ms. Agarwal, learned Counsel appearing for the Appellants and Mr. Pethe, learned Counsel appearing for the Respondent.
2. The challenge in this Second Appeal is to the Judgment and Decree dated 6th August, 2001 passed by the learned Additional District Judge, Pune in Civil Appeal No.127 of 1998. By the said Judgment and Decree the said Appeal filed by the Respondent-Corporation has been allowed and Judgment and Decree passed by the learned Trial Court has been set aside. The learned Civil Judge, Junior Division, PMC, Court Pune, by Judgment and Decree dated 5th July, 1997 passed in Regular Civil Suit No.984 of 1996 decreed the said suit and declared that the notices of the Defendant-Corporation dated 29th November, 1995, 12th December, 1995 and 5th June, 1996 are illegal and restrained Defendant from taking any action pursuant to those notices.
3. A learned Single Judge by order dated 17th January, 2002 has admitted the Second Appeal on the following substantial questions of law:
“(1) Whether the Learned Judge has rightly considered the provisions of Section 487 of the Bombay Provincial Municipal Corporations Act, 1949 and whether the suit was
The court ruled that a statutory notice under Section 487 of the BPMC Act is waived in cases of urgency and that the notices regarding alleged illegal construction were improper due to a lack of adeq....
The main legal point established in the judgment is that the appeal under sec. 306 of the Act of 1949 can only be filed when a demolition order is made under sec. 300 or sec. 303 of the Act of 1949.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
