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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Nashik Municipal Corporation – Appellant
Versus
Sunil Baburao Kshirsagar deceased through – Respondent
Sandeep V. Marne, J.
1. Jurisdiction of Civil Courts is routinely invoked by recipients of notices issued by the municipal and planning authorities alleging unauthorised constructions despite specific provisions in the statues governing those authorities barring the jurisdiction of Civil Courts. Ordinarily, the inherent jurisdiction of Civil Courts permits it to try and entertain every suit. The ‘bar of jurisdiction’ provisions are incorporated in all statutes regulating the construction and development activities in urban areas of the State of Maharashtra, which has over 50% population residing in urban areas. The ‘bar of jurisdiction’ provisions in various municipal and planning statutes are aimed at preventing delays in taking action against unauthorised development activities in urban areas as such activities mar the urban planning objectives. Such ‘bar of jurisdiction’ provisions are to be found in Section 515-A of Mumbai Municipal Corporations Act, 1888, Section 433-A of Maharashtra Municipal Corporation Act, 1949, Section 149 of the Maharashtra Regional and Town Planning Act, 1966, etc. These two Civil Revision Applications raise an issue of seminal importance relat
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 ....
The court upheld the Civil Court's jurisdiction to examine the validity of a notice under the Maharashtra Regional and Town Planning Act despite statutory bars when procedural requirements are not me....
Civil courts lack jurisdiction over suits challenging municipal limit extensions under MMC Act Section 3 (legislative function) or planning authority actions under MRTP Act Section 149; belated chall....
The court mandated the BMC to fulfill its statutory duties by demolishing illegal constructions, emphasizing accountability and prompt action against unauthorized developments.
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 main legal point established in the judgment is that the suit was maintainable before the civil court and not barred by the provisions of Sections 71 and 177 of the Maharashtra Housing and Area D....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
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