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JUDGMENT:
KAMAL KHATA, J.
1) By the present Appeal, the Appellant seeks to set aside the impugned Order dated 7th May 2024 passed by City Civil Court, Dindoshi, in Notice of Motion No.2767 of 2019 in L.C. Suit No.1879 of 2019, whereby the Trial Court dismissed the said Notice of Motion.
2) The Notice of Motion taken out by the Appellant-Plaintiff sought an interim order to restrain the Defendant – Brihanmumbai Municipal Corporation (‘BMC’) from demolishing the Suit structure or any part thereof situated on M.G. road, Near Tilak Nagar Road, Santacruz (W), Mumbai – 400 054.
FACTS & RIVAL SUBMISSIONS
3) Mr. Abhishek Tripathi, Advocate for the Appellant, submitted that the Appellant’s father had acquired the premises from one Shri Pandurang Gawade under an agreement dated 12th September 1986 for a sum of Rs.95,000/-. He submitted that in 1987, an application was made for transfer of electricity meter in Appellant’s name. He further submitted that the Additional Tahsildar had issued a Notice dated 3rd February 2012 under Section 45 of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’), which according to him establishes that the Suit premises was in existence prior to the datu
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 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.
A censused structure is protected under municipal policy, regardless of its commercial use or the slum status of the area.
The main legal point established in the judgment is the interpretation of the Municipal Policy for protecting structures and the application of Section 354-A of the Mumbai Municipal Corporation Act, ....
The Municipal Corporation's failure to comply with Court orders regarding illegal structures constitutes contempt, necessitating immediate action to uphold the rule of law.
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