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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Mohd. Siddik Shaikh – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT :
GAURI GODSE, J.
1. This appeal was heard on 6th March 2025, and the judgment was reserved. Later on, this court noticed that the appeal was argued based on an unamended Section 354A of the Mumbai Municipal Corporation Act, 1888 (‘said Act’). The said section was amended in the year 2012. Hence, the appeal was listed for directions on 20th March 2025, and at the request of the respective learned counsels for both parties, the appeal was listed for further hearing on 27th March 2025. Learned counsels for the parties submitted that the amendment to the Section is only to replace the word ‘Commissioner’ with the word ‘Designated Officer’. Hence, it was submitted that the arguments already made by them would not change due to the amended Section.
2. This appeal is preferred by the plaintiffs to challenge the judgment and order dated 23rd August 2024 dismissing their application seeking an order of temporary injunction restraining the corporation from taking any action pursuant to the notice impugned in the suit. The suit is filed to challenge the notice dated 21st October 2020 (‘suit notice’) issued by the corporation under Section 354A of the said Act.
3. The plaintiffs have cha
Compliance with notice and service requirements is essential for lawful demolition actions under municipal regulations.
Clarity on facts and the distinction between statutory provisions are crucial in determining the entitlement to equitable relief.
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....
Municipal corporations must follow legal procedures for demolition; illegal structures cannot be reconstructed even if demolished unlawfully.
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 ....
A demolition notice issued without proper service of a show-cause violates principles of natural justice, thus rendering the notice void and enabling the affected party to defend themselves upon re-i....
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 the plaintiff's structure by the corporation was illegal due to non-compliance with procedural requirements, entitling the plaintiff to temporary accommodation and costs.
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....
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