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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 |
|---|
| 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?
3. Before we refer to the statutory provisions, we may make reference to a judgment of the Bombay High Court which appears to be the locus classicus on this subject, as far as the Bombay High Court is concerned. In Sopan Maruti Thopte and Another vs. Pune Municipal Corporation and Another ( AIR 1996 Bom. 304 ), the Bombay High Court referred to various provisions of law, and thereafter issued the following directions : -
"19. Hence, on the basis of the law as discussed above, it is directed that after 1st May, 1996 the Bombay Municipal
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