Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P.POONIWALLA
Abdul W. Ismail(since deceased) through proposed legal heirs – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGEMENT :
Firdosh P. Pooniwalla, J.
1 This Appeal challenges the Judgement dated 19th December, 2006 passed by the Bombay City Civil Court at Bombay dismissing L.C. Suit No.1717 of 1998 filed by Abdul Wahid Ismail. The present Appellants are the legal heirs of Abdul Wahid Ismail.
2 The property that is the subject matter of the Suit is described in the Plaint as business premises situated at a building originally known as Bhiwandiwala building and now called Sayed Manzil, Chimna Butcher Street, Junction of 98, S. V. P. Road, Bombay 400 003 (herein after referred to as the “suit premises”).
FACTS
3 The facts in the present suit, as presented by the Original Appellant (Plaintiff), are as follows:-
(a) On 29th September, 1959, the Plaintiff submitted an Application to the Respondent seeking permission to replace the old sloping roof of the suit premises as it was in a dilapidated condition;
(b) On 8th December, 1959, the Executive Engineer, South Zone, of the Respondent, granted NOC for the roof alteration and imposed certain conditions. According to the Appellants, the improvements in the suit premises were thus duly authorised.
(c) On 1st March, 1960, four Agreements were executed between
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....
A censused structure is protected under municipal policy, regardless of its commercial use or the slum status of the area.
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....
The demolition of protected structures without due process (notice) is illegal and entitles the occupier to reconstruct the premises at their own cost, maintaining the obligations under prior agreeme....
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.
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....
Municipal officers have a duty to take action against illegal and unauthorized structures, as per the provisions of the law and government directives.
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
