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2025 Supreme(Online)(Bom) 1601

BOMBAY HIGH COURT
M/S. MEHTA AND CO. THR. ITS PARTNER MR. ADARSH VARMA – Appellant
Versus
THE MUNICIPAL CORPORATION OF GREATER MUMBAI THR. THE MUNICIPAL COMMISSIONER AND ANOTHER – Respondent


ORAL JUDGMENT :

1. This is an absolutely unfortunate case where the plaintiff’s structure is high-handedly and illegally demolished by the officers of the Municipal Corporation of Greater Mumbai (“corporation”) under the garb of implementation of the redevelopment scheme under Regulation 33(9) of Development Control and Promotion Regulation 2034 (“DCPR 2034”). The plaintiff was occupying the demolished structure for the purpose of providing charitable services of food and shelter to the poor and needy cancer patients receiving treatment for cancer from the Tata Memorial Hospital. The plaintiff’s structure, which is demolished, was situated on a municipal plot that is the subject matter of the redevelopment scheme, which is situated adjacent to the Tata Memorial Hospital.

2. Pursuant to the order dated 14th February 2025, the appeal is taken up for final disposal at the admission stage. Since the structure occupied by the plaintiff is held eligible for permanent rehabilitation under the scheme as reflected in Annexure II, a submission was made on behalf of the appellant on the very first day of the hearing that the corporation may consider the plaintiff’s entitlement under the redev

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