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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV
Anita Ashok Mapuskar – Appellant
Versus
Municipal Corporation Of Greater Of Mumbai – Respondent
| Table of Content |
|---|
| 1. challenges to statutory notices under mrtp act (Para 2 , 3 , 4) |
| 2. existence of structures and tenant rights established (Para 5 , 6 , 11 , 12) |
| 3. insufficiency of alleged unauthorized construction (Para 8 , 9) |
| 4. malafide actions of corporation in issuance of notices (Para 10 , 13 , 14 , 20) |
| 5. justification of allowing motions based on strong evidence (Para 24 , 25 , 26) |
| 6. conclusion protecting plaintiffs from municipal actions (Para 27 , 28 , 29 , 30) |
MILIND N. JADHAV, J.
1. Heard Mr. Gharte, learned Advocate for Appellants / Applicants and Mr. Vajale, learned Advocate for Respondents – BMC.
2. This is a group of six cases namely Appeals From Order which are challenging separate identical orders all dated 19.05.2025 passed by the Trial Court. They are ad-interim orders passed in Notice of Motion filed by Plaintiffs / Appellants before the Trial Court on consideration of the case made out by Plaintiffs in the Suit plaint.
3. Plaintiffs have challenged legality of statutory notices issued under Section 53 of the MAHARASHTRA REGIONAL AND TOWN PLANNING ACT , 1966 (for short ‘MRTP Act’) by the Corporation qua their structures. Identical notices have been issued
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 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....
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....
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....
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.
Appellants lack legal standing for injunction against demolition as they suppressed prior litigation and proved non-entitlement to the unauthorized structures.
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 respondent authority is the lawful owner of the Final Plot No. 49 and therefore, unauthorized constructions of tin sheet sheds with iron angles and guarders are without any authority of Rules and....
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