Case Note & Summary
The petitioners, residents of NMM Kamgar Cooperative Housing Society in Thane, filed a writ petition challenging the demolition of their residential structures by the Thane Municipal Corporation (TMC) on 5 July 2023. The petitioners claimed that they were occupants of rooms in the society premises and that the demolition was carried out without any prior notice or opportunity of hearing. The respondents, including TMC and the developer Ashar Ventures, argued that the structures were unauthorized and that the demolition was lawful under Section 53 of the Maharashtra Regional and Town Planning Act, 1966. The court examined the facts and found that no notice under Section 53 was served on the petitioners before the demolition. The court held that even if the structures were unauthorized, the principles of natural justice require a notice and opportunity of hearing before demolition, except in cases of imminent danger. The court also noted that the petitioners were poor and had no other place to stay, and directed the TMC to provide alternative accommodation to them. The court allowed the petition, quashed the demolition as illegal, and directed the respondents to restore the structures or provide alternative accommodation within four weeks.
Headnote
A) Municipal Law - Demolition of Unauthorized Structures - Section 53 of Maharashtra Regional and Town Planning Act, 1966 - Right to Hearing - The court considered whether demolition of structures without prior notice is permissible. Held that even for unauthorized constructions, a notice and opportunity of hearing must be given before demolition, except in cases of imminent danger. The demolition in this case was illegal as no notice was served. (Paras 10-15) B) Municipal Law - Alternative Accommodation - Section 354 of Mumbai Municipal Corporation Act, 1888 - The court directed the Corporation to provide alternative accommodation to the petitioners who were rendered homeless by the demolition. Held that the Corporation must provide transit accommodation to the petitioners as they were occupants of the demolished structures. (Paras 16-20) C) Constitutional Law - Right to Shelter - Article 21 of the Constitution of India - The court emphasized that the right to shelter is a fundamental right under Article 21. The demolition without notice and without providing alternative accommodation violated the petitioners' right to life. (Paras 18-19)
Issue of Consideration
Whether the demolition of structures by the Thane Municipal Corporation without prior notice to the occupants is legal and whether the petitioners are entitled to relief.
Final Decision
The court allowed the petition, quashed the demolition as illegal, and directed the Thane Municipal Corporation to restore the structures or provide alternative accommodation to the petitioners within four weeks.
Law Points
- Natural justice
- Right to hearing
- Section 53 MRTP Act
- Section 354 of Mumbai Municipal Corporation Act
- Unauthorized construction
- Demolition without notice
- Proportionality
- Alternative accommodation
