Case Note & Summary
The petitioner, Chandralok People Welfare Association, a residents' welfare association of Chandralok Building in Goregaon (West), Mumbai, filed a writ petition under Article 226 of the Constitution of India seeking directions against the Municipal Corporation of Greater Mumbai (MCGM) and other respondents to take action against unauthorized construction allegedly carried out by respondent nos. 6 to 9. The petitioner contended that the respondents had carried out illegal alterations and additions in the building, including converting a common passage into a room and constructing additional floors without approval, which posed a serious threat to the safety and structural integrity of the building. The petitioner had made several complaints to the MCGM, but no action was taken. The MCGM, in its affidavit, admitted that the construction was unauthorized but claimed that it had issued a notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, and that further action was being taken. However, the court noted that the MCGM had not actually demolished the unauthorized construction or taken any effective steps. The court observed that the MCGM has a statutory duty under the Mumbai Municipal Corporation Act, 1888, to prevent and remove unauthorized constructions, and that it cannot abdicate this duty. The court held that the MCGM must act promptly and effectively against illegal constructions, and that the court can issue a writ of mandamus to compel the MCGM to perform its duty. The court directed the MCGM to take appropriate action against the unauthorized construction within a specified time frame and to report compliance. The court also directed the police to provide necessary assistance to the MCGM. The petition was allowed with costs.
Headnote
A) Municipal Law - Unauthorized Construction - Statutory Duty of MCGM - Mumbai Municipal Corporation Act, 1888, Sections 351, 354, 488 - The court considered whether the MCGM has a duty to act against unauthorized construction that poses a risk to residents' safety. Held that the MCGM cannot abdicate its statutory duty and must take appropriate action against illegal constructions, as failure to do so would undermine the rule of law and endanger public safety (Paras 1-30).
Issue of Consideration
Whether the Municipal Corporation of Greater Mumbai (MCGM) is obligated to take action against unauthorized construction in a residential building, and whether the court can direct the MCGM to perform its statutory duty.
Final Decision
The court allowed the petition, directing MCGM to take appropriate action against the unauthorized construction within a specified time frame, with police assistance if needed, and to report compliance. Costs were awarded to the petitioner.
Law Points
- Statutory duty of municipal authorities
- unauthorized construction
- enforcement of building regulations
- public safety
- writ jurisdiction
