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APPELLATE SIDE,BOMBAY
N.J.JAMADAR, J
Mansukhlal Narottamdas Kothari and Ors. – Appellant
Versus
The Commissioner, MCGM and Ors. – Respondent
| Table of Content |
|---|
| 1. challenge to demolition notices issued under section 354 of the act, 1888. (Para 1 , 2 , 3) |
| 2. assessment of structural integrity tied to procedural adherence. (Para 10 , 11 , 12) |
| 3. differing auditor reports and their implications. (Para 13 , 14 , 15) |
| 4. emphasis on procedural fairness over technical decisions. (Para 20 , 21 , 24) |
JUDGMENT :
1. These Appeals are directed against an order dated 16 April 2022 passed by the learned Judge, City Civil Court, Greater Mumbai in Notice of Motion No.930 of 2019 in L.C.Suit No.938 of 2019, whereby the Notice of Motion taken out by the Appellants-Plaintiffs to restrain the Municipal Corporation, Greater Mumbai – Respondent No.1-Defendant No.1 from taking action in pursuance of the Notice dated 8 February 2019 issued under Section 354 of the Mumbai Municipal Corporation Act , 1888 (‘the Act, 1888’) and demolishing the building known as ‘Amrut Kunj’ consisting of ground plus four floors, comprising 27 tenements (‘the suit building’) came to be dismissed.
2. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they are arrayed before the trial court.
3. The background facts can
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