Case Note & Summary
The petitioners, Kamla Industrial Park Ltd and Metallica Industries Ltd, challenged the demolition notice and stop-work notice issued by the Municipal Corporation of Greater Mumbai (MCGM) under Section 351 of the Mumbai Municipal Corporation Act, 1888, for unauthorized construction on a large tract of land at Kandivali (West), Mumbai. The land was purchased by Metallica in 1976 and was part of a development plan reserving it for a public purpose. The petitioners constructed a commercial building without obtaining valid building permission. The MCGM issued notices under Section 351, directing demolition of the unauthorized structure. The petitioners filed a writ petition challenging these notices. The court held that the construction was unauthorized and in violation of the development plan. The petition was dismissed with costs of Rs. 5 lakhs, and the MCGM was directed to proceed with demolition after giving the petitioners an opportunity to remove their belongings.
Headnote
A) Municipal Law - Unauthorized Construction - Section 351 Mumbai Municipal Corporation Act, 1888 - Demolition Order - The petitioners constructed a large commercial building without obtaining valid building permission and in violation of the development plan which reserved the land for a public purpose. The court held that the construction was unauthorized and the MCGM was justified in issuing the demolition notice under Section 351. The petition was dismissed with costs. (Paras 1-37) B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Maintainability - The court held that the petition was not maintainable as the petitioners had an alternative remedy of appeal under Section 351(3) of the MMC Act, 1888. The court also noted suppression of material facts and delay in approaching the court. (Paras 10-15) C) Property Law - Development Plan - Reservation - Public Purpose - The land was reserved for a public purpose in the development plan. The construction was in violation of this reservation. The court held that no vested right can be claimed in an illegal construction. (Paras 16-20)
Issue of Consideration
Whether the petitioners are entitled to challenge the demolition notice and stop-work notice issued by MCGM under Section 351 of the Mumbai Municipal Corporation Act, 1888, and whether the construction was unauthorized and in violation of the development plan.
Final Decision
The petition is dismissed with costs of Rs. 5 lakhs to be paid to the MCGM. The MCGM is directed to proceed with demolition after giving the petitioners an opportunity to remove their belongings.
Law Points
- Unauthorized construction
- demolition order
- Section 351 MMC Act
- 1888
- development plan reservation
- public purpose
- writ jurisdiction
- alternative remedy
- maintainability
- suppression of material facts
- delay and laches
- no vested right in illegality
