SUPREME COURT
Uday Umesh Lalit, CJ, S. Ravindra Bhat, J
Municipal Corporation of Greater Mumbai and Others v. M/s. Sunbeam High Tech Developers Pvt. Ltd.
| Table of Content |
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| 1. municipal corporations must follow required procedures for demolitions. (Para 2 , 3 , 4) |
| 2. procedural lapses do not justify illegal constructions. (Para 13 , 14 , 16) |
| 3. illegal structures cannot be reconstructed, regardless of demolition procedures. (Para 15 , 18) |
| 4. appeals against demolitions must comply with legal notice requirements. (Para 24 , 26) |
1. The issue involved in these appeals is whether if a municipal corporation demolishes a structure in exercise of powers vested in it but in violation of the procedure prescribed, can the High Court direct the 'owner / occupier' of the building to reconstruct the demolished structure?
2. The municipal corporations in the State of Maharashtra like in any other part of the country are vested with the power to demolish structures which violate the laws and have been built without any building plans or in violation of the laws. The exercise of the power of demolition which affects the property of the citizens of this country must be exercised in an absolutely fair and transparent manner. Rules in this regard must be followed. At the same time, the Court has to balance the private interest with the larger public interest.
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