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HIGH COURT OF BOMBAY
Dr. Shalini Phansalkar-Joshi, J
Delux Polymer Private Limited – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (STAMP) NO.22038 OF 2018 | CIVIL APPLICATION (STAMP) NO.22039 OF 2018 | APPEAL FROM ORDER (STAMP) NO.22379 OF 2018 | CIVIL APPLICATION (STAMP) NO.22380 OF 2018 | APPEAL FROM ORDER (STAMP) NO.22387 OF 2018 | CIVIL APPLICATION (STAMP) NO.22390 OF 2018 | APPEAL FROM ORDER (STAMP) NO.22397 OF 2018 | CIVIL APPLICATION (STAMP) NO.22398 OF 2018 | APPEAL FROM ORDER (STAMP) NO.22406 OF 2018 | CIVIL APPLICATION (STAMP) NO.22407 OF 2018 | APPEAL FROM ORDER (STAMP) NO.22411 OF 2018 | CIVIL APPLICATION (STAMP) NO.22414 OF 2018 | APPEAL FROM ORDER (STAMP) NO.23054 OF 2018 | CIVIL APPLICATION (STAMP) NO.23056 OF 2018



Advocates:
For the Appellants/Petitioners: Ms. Pooja Pandey, Mr. Prasad K. Dhakephalkar, Mr. Vijay S. Thorat, Mr. Atul G. Damle, Mr. Narendra V. Walawalkar
For the Respondents: Mr. Sunil Tawade

Municipal authorities are mandated to enforce compliance with planning laws; unauthorized constructions cannot be protected even at the interim stage if they pose safety hazards.

Headnote:(A) Mumbai Municipal Corporation Act, 1888 - Sections 351 and 354-A - Appeals concerning unauthorized constructions within Raghuvanshi Mill Compound initiated under Section 351 - Appellants allege lawful existence of structures since 1961 - Respondent-Municipal Corporation contends that structures pose safety hazards and violate regulations - Rejection of interim injunction motions by Trial Court upheld, citing unauthorized changes of use and lack of sanctioned plans. (Paras 2, 6, 12, 70, 72)

(B) Legal Authority - The court affirmed the authority of the Designated Officer to issue notices under Section 351 after ample hearing and consideration of documentation from Appellants - Rejected claims of malafide actions due to enforcement of municipal regulations as necessary for public safety. (Paras 44, 46)

Facts of the case:
Appellants claimed authorized use of commercial premises in Raghuvanshi Mill, asserting historical compliance with municipal licensing. Respondents issued demolition notices citing unauthorized construction changes and absence of requisite approvals since mitigation measures post-Kamla Mill fire.

Findings of Court:
The Court upheld the Trial Court's finding of illegality in the construction of all disputed structures, which displayed no proof of authorized construction or legal use.

Issues: The core issues were whether the constructions were illegal, whether the change of use was permissible, and the authority of the municipal officials.

Ratio Decidendi: The court ruled that the constant unauthorized nature of structures necessitated municipal action, reflecting non-compliance with municipal planning laws; procedural adherence in enforcement was established.

Result: Appeals dismissed, interim relief vacated.

Table of Content
1. common questions of law and facts (Para 1 , 2 , 3)
2. contestation of the notices issued (Para 4 , 6 , 7)
3. unauthorized construction and lack of permissions (Para 5 , 12 , 14)
4. the necessity for municipal action on illegal structures (Para 8 , 9 , 10 , 11)
5. evaluation of prior existence of structures vs. present allegations (Para 19 , 20 , 21)
6. details of specific unauthorized constructions (Para 22 , 24 , 30 , 32 , 36 , 38)
7. legal frameworks guiding demolition procedures (Para 41 , 50 , 54)
8. legal precedents regarding illegal constructions (Para 62 , 64 , 66)
9. affirmation of the municipal corporation's actions regarding illegal structures (Para 71 , 72)
JUDGMENT :

1. As all these Appeals raise common questions of law and facts, they are being decided by this common Judgment.

2. They pertain to the structures situate in the precincts of 'Raghuvanshi Mill', Parel, Mumbai and are arising out of the common order passed by the City Civil Court, Mumbai, thereby dismissing various Notices of Motions taken out by the Appellants herein, seeking the relief of interim injunction, restraining the Respondent-Municipal Corporation from taking any action in pursuance of the notice and the order passed under Section 351 of the Mumbai Municipal Corporation Act, 1888 .

3. It is common ground between the parties that within the compound of 'Raghuvanshi Mill', there are several buildings and structures, which were, at one point of time, used for the ancillary purpose of the 'Cotton Textile Mill'. However, during the course of the time, since last about more than 25 years, 'Raghuvanshi Mill' has been closed down and reached to the stage of liquidation. In order to over- come the said liquidation, 'Raghuvanshi Mill Limited' had proposed a 'Revival Plan' before the 'Board for Industrial and Financial Reconstruction', (for short, the “BIFR”), which came to be accepted by the Appellate Authority of the 'Board for Industrial and Financial Reconstruction'. In pursuance of it, the permission was given to sell these various buildings and structures situate in the compound of the 'Raghuvanshi Mill' to re-pay the debt of the Mill Workers. Accordingly, the Appellants in this case had purchased different parts of the buildings and structures in the compound of 'Raghuvanshi Mill' by virtue of registered 'Sale Deeds' in or about the year 2003-2004 and since then, they are using the same for commercial purposes and are running their respective businesses therein.

4. According to the Appellants, they are having all the necessary permissions / licenses, including the 'Shop and Establishment Certificate', issued by the Respondent-Municipal Corporation for conducting the businesses. Their structures are also assessed for the purpose of property tax since 1st April 1961, i.e. prior to the datum line of 1st April 1962. Thus, their structures are in existence since long and they are in authorized and lawful possession thereof. It is submitted that, against some of the Appellants, Respondent-Municipal Corporation has earlier, in the year 2013, issued notices under Section 354-A of the Mumbai Municipal Corporation Act, 1888 , (for short, “the MMC Act”), alleging unauthorized additions and alterations to the existing structures. The Appellants, to whom the notices had been issued, have challenged those notices by filing Suits in the City Civil Court, Mumbai, and sought the relief of injunction, restraining the Respondent-Municipal Corporation from acting on those notices. Some of those Suits are withdrawn and some are decreed. Those decrees are yet not set aside.

5. In this factual backdrop, the notices impugned in this case came to be issued by the Respondent-Municipal Corporation against the Appellants, under Section 351 of the MMC Act, on 23rd April 2018, calling upon them to show cause as to why an action should not be taken against them for carrying out unauthorized construction of the suit structures and for change of the user. The Appellants

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