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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
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 which are all dated 15.03.2025, copies of which are appended at Exhibit ‘U’ to the Appeal From Order. The impugned notices are issued under Section 53 (1) read with Section 52(1)(h) and (d) of the MRTP Act. The notices have been replied to by all Plaintiffs on 27.03.2025 separately. Pursuant to this Designated Officer of the Corporation has passed a speaking order dated 29.04.2025. The speaking order is appended at Exhibit ‘W’ – page No.171 to the Appeal From Order in
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....
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....
The court affirmed that unauthorized structures on custodia legis land cannot be legitimized without substantial evidence, and frivolous legal challenges obstruct legitimate justice.
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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