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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Afsana Enterprises – Appellant
Versus
Assistant Municipal Commissioner – Respondent
| Table of Content |
|---|
| 1. court proceedings initiated regarding multiple appeals. (Para 1 , 2) |
| 2. details of appellants and their respective structures. (Para 3 , 4 , 5 , 6 , 7) |
| 3. challenges to section 351 notice regarding unauthorized structures. (Para 8 , 11 , 12) |
| 4. analysis of evidence presented by appellants. (Para 13 , 14 , 15 , 16) |
| 5. court's previous orders affecting the current case. (Para 17 , 18 , 20) |
| 6. court rejects claims based on falsehood and lack of standing. (Para 21 , 23) |
| 7. reaffirmation of need for legitimate claims in court. (Para 25 , 26) |
| 8. dismissal of appeals and imposition of costs. (Para 27 , 28 , 29) |
| 9. final ruling and implications for further appeals. (Para 30 , 32) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Pandey, learned Advocate for Appellants, Mr. Purohit, learned Senior Advocate for Respondent No.4, Mr. Khandeparkar, learned Advocate for Intervenor - Developer and Mr. Vajale, learned Advocate for MCGM.
2. This is a group of 5 Appeal from Orders which are having identical facts. By consent all 5 Appeal from Orders are heard finally and decided by the following judgement and order. On behalf of the 5 Appellants I have heard Mr. Pandey learned advocate at length a
The court affirmed that unauthorized structures on custodia legis land cannot be legitimized without substantial evidence, and frivolous legal challenges obstruct legitimate justice.
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 long-standing residential occupancy rights must be respected and that statutory notices claiming unauthorized structures must be substantiated with clear and compelling eviden....
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.
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....
Suit against municipal body challenging demolition notice requires proven pre-suit notice under Section 527 MMC Act; mere plaint averment insufficient against specific denial, no waiver without expli....
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