AI Overview...
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Seeking Demolition Solely to Gain Possession - Courts generally require a bona fide requirement for demolition, not merely for gaining possession. The mere assertion of a requirement by a landlord or developer is insufficient unless supported by the condition of the property and relevant circumstances. For example, in Narendra K. Patel @ Nandu Patel VS Pratap Singh - Jharkhand, the court emphasized that possession or demolition cannot be sought solely on the basis of a sale deed without proper demarcation or actual possession, highlighting the importance of genuine need over strategic possession.
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Bona Fide Requirement and Demolition Conditions - Several sources (P. Orr. and Sons (P) Ltd. VS Associated Publishers (Madras) Ltd. - Supreme Court, Porr And Sons Private VS Associated Publishers (Madras) LTD. - Supreme Court) stress that eviction or demolition based purely on the landlord's or authority's desire, without bona fide necessity or proper condition of the property, is inadequate. The requirement must be timely, genuine, and directly related to the property's condition or development needs.
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Legal Procedures and Due Process - Demolition must follow due process of law. Arbitrary or illegal demolitions are contested successfully, as seen in M/S. MEHTA AND CO. THR. ITS PARTNER MR. ADARSH VARMA vs THE MUNICIPAL CORPORATION OF GREATER MUMBAI THR. THE MUNICIPAL COMMISSIONER AND ANOTHER - Bombay, where the court declared the demolition unlawful and ordered the corporation to provide interim relief. Proper notices, adherence to legal procedures, and justifications are crucial.
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Rights of Developers and Possessors - Former developers or possessors retain rights to challenge demolition actions affecting their possession, especially if they have retained rights under redevelopment laws (Kamal Sevakram Jadhawani VS State of Maharashtra (to be served through Govt. Pleader, High Court, Bombay) - Bombay, Kamal Sevakram Jadhawani Vs State Of Maharashtra - Bombay). The courts recognize their locus standi to contest demolition orders if their rights are impacted.
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Impact of Unauthorized Construction - Unauthorized structures are subject to demolition, and regularization efforts are often rejected if structures violate legal norms (Janpriya Builders vs Commissioner Greater Chennai Corporation - Madras). Demolition orders upheld in such cases emphasize that mere regularization attempts cannot override legal prohibitions against unauthorized constructions.
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Summary & Main Insight - Courts generally do not permit demolition solely to facilitate possession unless there is a bona fide requirement supported by the property's condition and legal compliance. Arbitrary or pretextual demolitions are liable to be declared illegal, and affected parties retain rights to challenge such actions through legal proceedings.
References: - Narendra K. Patel @ Nandu Patel VS Pratap Singh - Jharkhand - P. Orr. and Sons (P) Ltd. VS Associated Publishers (Madras) Ltd. - Supreme Court - Ramesh Arya VS Pavan Arya - Delhi - Kamal Sevakram Jadhawani VS State of Maharashtra (to be served through Govt. Pleader, High Court, Bombay) - Bombay - Porr And Sons Private VS Associated Publishers (Madras) LTD. - Supreme Court - Kamal Sevakram Jadhawani Vs State Of Maharashtra - Bombay - KHETSHI HIRJI SHAH VS STATE OF GUJARAT - Gujarat - M/S. MEHTA AND CO. THR. ITS PARTNER MR. ADARSH VARMA vs THE MUNICIPAL CORPORATION OF GREATER MUMBAI THR. THE MUNICIPAL COMMISSIONER AND ANOTHER - Bombay - Pullar Chettiar and Others VS Commissioner, Connoor Municipality and Another - Madras - Janpriya Builders vs Commissioner Greater Chennai Corporation - Madras
Search Results for "Seeking Demolition Solely to Gain Possession"
2015 0 Supreme(Jhk) 34 • India - Jharkhand
AMITAV K.GUPTA
Ratio Decidendi: The court held that the plaintiffs, based solely on a sale deed without demarcation and possession, did not ... Issues: Prima facie title and possession, balance of convenience, ad valorem court fee payment, and seeking permanent injunction ... The court also emphasized the importance of seeking permanent injunction in the original plaint and the payment of ad valorem court ... of the said dilapidated house or against the erection of the said multi-storeyed building, neither have they....
1990 0 Supreme(SC) 881 • India - Supreme Court
T.KOCHU THOMMEN, K.N.SAIKIA, N.M.KASLIWAL
absence of which it would not be possible for landlord to prove that he has a bonfire requirement which is timely, directly and solely ... for purpose of demolition of the building - Act does not accept requirement by the landlord as a requirement within the meaning ... of the provision unless the condition of the building, in the context of the relevant circumstances, requires demolition - These ... It is pointed out on behalf of the tenant that eviction has been sought by the landlord solely in terms of section 14(1)(b....
2021 0 Supreme(Del) 1416 • India - Delhi
PRATHIBA M. SINGH
The suit for permanent and mandatory injunction was filed in 2017, prior to the suit seeking a decree for partition. ... The injunction as sought relates to the enjoyment and peaceful possession of the property and shall not in any way impinge upon the ... If any of the party/s fails to deliver possession of the portion of the property in his/her possession/occupation to the purchaser or to the highest bidder, such party/s shall be liable to be dispossessed from the property as if in pursuance to a decree for recovery of....
2025 0 Supreme(Bom) 10 • India - Bombay
A. S. GADKARI, KAMAL KHATA
of Composite Building No. 1 and seeking quashing of approvals for conversion and demolition - Petitioners claim entitlement to free ... despite being removed as Developers, retained the right to challenge the actions of the new Developer and SRA, as they were in possession ... Redevelopment) Act, 1971 - Section 13(2) - Brihanmumbai Municipal Corporation Act, 1888 - Section 353B - Writ petitions challenging demolition ... He additionally contended that the primary reason for seeking demolition#....
1990 0 Supreme(SC) 691 • India - Supreme Court
T.K.THOMMEN, K.N.SAIKIA, N.M.KASLIWAL
Act, 1960 - Section 14(1)(b) – Tenant - Eviction - Bona fides - Allegation regarding condition of building, tenant - Recovery of possession ... of crumbling down, but condition must be such as to indicate a bona fide requirement for timely, genuine and direct purpose of demolition ... - He disregarded clear admission of landlord and other evidence as regards sound condition of building - Crucial condition for demolition ... It is pointed out on behalf of the tenant that eviction has been sought by the landlord solely in ....
2025 0 Supreme(Bom) 368 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, KAMAL KHATA, JJ
(B) Locus Standi - Petitioners, despite being former developers, retain locus to challenge actions affecting their rights and possession ... Redevelopment) Act, 1971 - Section 13(2) - Brihanmumbai Municipal Corporation Act, 1888 - Section 353B - Writ petitions challenging demolition ... He additionally contended that the primary reason for seeking demolition of Composite Building was the new DCPR 2034 that came into effect from 13th November 2018 whereby the area to be provided to the rehab tenements increased from 25 sq....
2012 0 Supreme(Guj) 307 • India - Gujarat
J.B.PARDIWALA, BHASKAR BHATTACHARYA
all other writ petitions preferred by individual-respondents against proposed action sought to be initiated by authorities for demolition ... On this ground also this Court may not order demolition of the construction. ... Power to take possession. - When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances.” ... 37. ... Section 16 of the Act provides that when the Collector has made an award under Sectio....
2025 Supreme(Online)(Bom) 1601 • India - Bombay High Court
The demolition occurred after the plaintiff notified the corporation of imminent court action for interim relief. ... ... ... Issues: Was the demolition of the plaintiff's structure lawful, and did the corporation follow due process? ... ... ... Findings of Court: ... The court found the demolition arbitrary and illegal, compelled the corporation to provide temporary ... Hence, the suit is amended, seeking reliefs for a declaration that the demolition of the plaintiff’s structure was illegal, bad i....
1993 0 Supreme(Mad) 302 • India - Madras
MISHRA
The court held that the fee was arbitrary and discriminatory because it was based solely on the cost of construction of the new stalls ... When the stall holders have been requested to take over possession on a daily fee of Rs. 11.25 (45 sq. ft.) and Rs. 26.25 (105 sq. ft.) fixed at the rate of Rs. 0.25 paise per sq. ft. by the Director of Municipal Administration, Madras, they refused to take possession of the said stalls saying that the ... On the advice and suggestions made by the District Collector, the stall holders have remitted Rs.....
2025 0 Supreme(Mad) 3750 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM
... ... Result: Writ petition dismissed, demolition order upheld. ... Unauthorized construction - The court upheld the order of CMDA rejecting regularization of unauthorized structures and directed demolition ... ... ... (B) Legal principles - Unauthorized constructions cannot be tolerated; their demolition is obligatory, and regularization ... Since both the applications seeking regularization were rejected, locking and sealing and demolition notice was issued vide letter dated 10.07.2014 followed b....
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