Case Note & Summary
The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by the Municipal Corporation for Greater Mumbai (MCGM) under Section 351 of the Mumbai Municipal Corporation Act, 1881. The notice objected to an unauthorized vertical extension (mezzanine/first floor) constructed by the appellant at his hotel premises, Food Sagar Family Restaurant, located in a notified slum area in Mulund West, Mumbai. The appellant sought a temporary injunction to restrain the MCGM from demolishing the unauthorized construction. The trial court rejected the ad-interim injunction, leading to the present appeal under Order 43 Rule 1 of the Code of Civil Procedure, 1908. The core legal issue was whether an unauthorized vertical extension to an existing unauthorized structure in a notified slum can receive protection from removal merely because it is situated in a slum. The appellant argued that the structure was in a slum and should be protected, while the MCGM contended that unauthorized construction cannot be condoned. The High Court, after considering the submissions, held that the unauthorized construction cannot be protected merely because it is situated in a slum area. The Court noted that the appellant had no legal right to the unauthorized construction and that the balance of convenience was against granting any injunction. The appeal was dismissed, and the trial court's order rejecting the ad-interim injunction was upheld.
Headnote
A) Municipal Law - Unauthorized Construction - Section 351 Mumbai Municipal Corporation Act, 1881 - Protection in Slum Area - The issue was whether an unauthorized vertical extension to an existing unauthorized structure in a notified slum can be protected from demolition. The Court held that unauthorized construction cannot be protected merely because it is situated in a slum area. The balance of convenience was against granting injunction as the construction was clearly unauthorized and the appellant had no legal right. (Paras 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38)
Issue of Consideration
Whether an unauthorized vertical extension (mezzanine/first floor) to an existing unauthorized structure in a notified slum can receive protection from removal by the municipal corporation merely because it is situated in a slum.
Final Decision
The appeal is dismissed. The order dated 13 January 2023 passed by the City Civil Court at Bombay rejecting the ad-interim temporary injunction is upheld.
Law Points
- Unauthorized construction
- Slum area
- Protection from demolition
- Section 351 MMC Act
- Temporary injunction
- Balance of convenience
