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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
| Table of Content |
|---|
| 1. group of appeals heard together (Para 1 , 2 , 3 , 4) |
| 2. background and ownership of properties discussed (Para 5 , 6) |
| 3. arguments regarding ownership and legality of structures (Para 8 , 9 , 10 , 11) |
| 4. suggestions of due process and prior rulings dismissed (Para 12 , 18 , 20 , 21) |
| 5. previous legal proceedings impact current case (Para 13 , 14 , 15 , 16) |
| 6. costs imposed on appellants for misleading conduct (Para 24 , 25 , 26 , 27) |
| 7. request for stay on judgment denied (Para 28 , 29 , 30 , 31) |
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
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....
Unauthorized structures on public streets removable without notice; tax payments, electricity bills do not legitimize or create equity; clean hands doctrine bars relief to encroachers abusing process....
No proof of pre-datum line structure existence via assessments, Tikka Sheets, repair permissions, or IOD; illegal structures incurably demolishable; subsequent permissions do not legitimize.
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