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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Municipal Corporation of Greater Mumbai – Appellant
Versus
Kalpita Enclave Co-operative Housing Society – Respondent
| Table of Content |
|---|
| 1. details of ongoing dispute and parties involved (Para 2 , 3) |
| 2. arguments of the municipal corporation on the interpretation of previous orders (Para 4 , 5) |
| 3. claims of plaintiffs about the necessity to retain structures until development is complete (Para 6 , 7) |
| 4. background of plaintiffs' claims regarding land ownership and structures (Para 18 , 19 , 20) |
| 5. court's interpretation of land ownership and lawful removal of encroachments (Para 21 , 22 , 27) |
| 6. final judgment to quash the lower court's order and directives for compliance (Para 39 , 40 , 41) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Patil, learned Advocate for Appellant – Municipal Corporation of Greater Mumbai; Mr. Savant, learned Advocate for Respondent Nos.1, 2 and 3 (Plaintiffs) in Appeal From Order; Mr. Sharma, learned Advocate for Applicants – Intervenors in Interim Application (St.) No.36164 of 2025 and Mr. Kanade, learned Advocate for Applicant in Interim Application No.13090 of 2025.
2. Present Appeal From Order is filed by Appellant – Municipal Corporation of Greater Mumbai (for short ‘Corporation’) i.e. Original Defendant to challenge order dated 31.07.2025 passed by City Civil Court, Borivali
The court emphasized that public interest in access to a completed public road outweighs private claims, disallowing obstruction based on width specifications set by plaintiffs.
Section 265 of Act reads as vesting of public streets and their appurtenances in corporation.
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
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 court emphasized the need for strict compliance with the Master Plan and previous court directions in road construction and widening cases.
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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