Case Note & Summary
The appellant, Gorai Machhi Mar Sahakari Sanstha Limited, a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960, filed an appeal against an order dated 22 September 2020 passed by the City Civil Court, Borivali Division, Dindoshi, Mumbai, refusing to restrain the Municipal Corporation of Greater Mumbai from executing a notice issued under Section 354A of the Mumbai Municipal Corporation Act, 1888. The suit challenged the validity of the notice and an order dated 27th-29th July, 2020 passed by the Designated Officer. The facts reveal that upon receiving a complaint, an officer of the Corporation visited the suit premises on 22 July 2020 and found ongoing unauthorized construction of an independent structure (not an extension of an existing structure) with brick masonry wall and AC sheet roof admeasuring 13.10 mtrs X (4.25+5.8)/2 metres with average height of (3.0+3.6)/2 metres. The trial court refused to grant an interim injunction. The High Court, after hearing submissions, held that the construction was prima facie unauthorized and the balance of convenience was against granting an injunction as it would perpetuate an illegality. The appeal was dismissed, and the interim application was disposed of.
Headnote
A) Municipal Law - Unauthorized Construction - Section 354A of the Mumbai Municipal Corporation Act, 1888 - Interim Injunction - The appellant-society challenged a notice under Section 354A for demolition of an independent structure. The trial court refused interim relief. The High Court held that the construction was prima facie unauthorized and the balance of convenience was against granting injunction as it would perpetuate illegality. (Paras 1-10)
Issue of Consideration
Whether the trial court erred in refusing to grant an interim injunction restraining the Municipal Corporation from executing a notice under Section 354A of the MMC Act for demolition of an alleged unauthorized construction.
Final Decision
The High Court dismissed the appeal and disposed of the interim application, upholding the trial court's refusal to grant an interim injunction.
Law Points
- Section 354A of the Mumbai Municipal Corporation Act
- 1888
- unauthorized construction
- interim injunction
- balance of convenience
- public interest
Case Details
2021 LawText (BOM) (01) 47
Appeal from Order (ST) No.94528 of 2020 with Interim Application (ST) No.94529 of 2020
Mr. Pradeep Thorat i/by Ms. Aditi S. Naikare for the Appellants, Ms. Madhuri More for MCGM/Respondents
Gorai Machhi Mar Sahakari Sanstha Limited
The Municipal Corporation of Gr. Mumbai
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil appeal against refusal of interim injunction in a suit challenging a demolition notice under Section 354A of the MMC Act.
Remedy Sought
The appellant sought to restrain the Municipal Corporation from executing/enforcing the notice under Section 354A of the MMC Act.
Filing Reason
The appellant challenged the validity of the notice and order dated 27th-29th July, 2020 passed by the Designated Officer for demolition of alleged unauthorized construction.
Previous Decisions
The trial court (City Civil Court, Borivali Division, Dindoshi) refused to grant interim injunction by order dated 22 September 2020.
Issues
Whether the trial court erred in refusing to grant an interim injunction restraining the Municipal Corporation from executing a notice under Section 354A of the MMC Act for demolition of an alleged unauthorized construction.
Submissions/Arguments
The appellant argued that the construction was not unauthorized and that the notice was invalid.
The respondent Corporation argued that the construction was unauthorized and that the balance of convenience was against granting an injunction.
Ratio Decidendi
The construction was prima facie unauthorized and the balance of convenience was against granting an injunction as it would perpetuate an illegality.
Judgment Excerpts
Plaintifs in Long Cause Suit No.749 of 2020 have preferred this appeal against the order dated 22nd September, 2020 passed in the Draft Notice of Motion by the learned Judge, City Civil Court, (Borivali Division), Dindoshi, Goregaon, Mumbai inter-alia refusing to restrain the Corporation from executing/enforcing notice issued under Section 354A of the Mumbai Municipal Corporation Act.
Upon receiving the complaint RC/009/22/07/2020/154, Ofcer of the Respondent-Corporation visited suit premises on 22nd July, 2020. He found ongoing unauthorised construction of independent structure (not extention of existing structure) with brick masonary wall and AC sheet roof admeasuring 13.10 mtrs X (4.25+5.8)/2 metres with average height of (3.0+3.6)/ 2 metres, at Gorai Macchi Mar Sahakari Sanstha Limited, Borivali (West), Mumbai 91.
Procedural History
The appellant filed Long Cause Suit No.749 of 2020 challenging the notice under Section 354A of the MMC Act and the order dated 27th-29th July, 2020. The trial court refused interim relief on 22 September 2020. The appellant then filed the present appeal before the High Court.
Acts & Sections
- Mumbai Municipal Corporation Act, 1888: 354A
- Maharashtra Co-operative Societies Act, 1960:
