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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV
Ganpat Shankar Chougule – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
MILIND N. JADHAV, J.
1. Heard Mr. Naphade, learned Advocate for Appellants in Appeal From Order No.247 of 2025 and Appeal From Order No.248 of 2025; Mr. Thorat, learned Advocate for Appellants in Appeal From Order Nos.226 of 2025 and 227 of 2025; Appeal From Order (St.) Nos.12987 of 2025; 12989 of 2025; 12992 of 2025 and 12996 of 2025; Mr. Tamboly, learned Advocate for Applicants / Intervenors in Interim Application (St.) Nos.14151 of 2025; 14154 of 2025; 14155 of 2025; 14156 of 2025; 14158 of 2025; 14160 of 2025, 14366 of 2025 and 14368 of 2025 and Ms. Pooja Khandeparkar, learned Advocate for Respondent – MCGM.
2. By consent of the parties, present group of Appeal From Orders alongwith Interim Applications are heard finally and decided by this common judgment. Facts are identical and whenever there is a variation, it is accordingly noted by the Court. This is a group of 8 Appeal From Orders filed by 8 individuals / Appellants. They are broadly divided into two groups. Appeal From Order Nos.247 of 2025 and 248 of 2025 are filed by one group whereas Appeal From Order Nos.226 of 2025 and 227 of 2025 and (St.) Nos.12987 of 2025; 12989 of 2025; 12992 of 2025 and 12996 of 2025 a
Appellants lack legal standing for injunction against demolition as they suppressed prior litigation and proved non-entitlement to the unauthorized structures.
The court affirmed that unauthorized structures on custodia legis land cannot be legitimized without substantial evidence, and frivolous legal challenges obstruct legitimate justice.
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 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....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
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....
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....
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