Case Note & Summary
The petitioner, Sachin Kisan Nayak, filed a writ petition challenging an order dated 17/3/2009 passed by the Municipal Corporation of Greater Mumbai under Section 55 of the Maharashtra Regional and Town Planning Act, 1966, directing demolition of an alleged unauthorised structure. The petitioner claimed that the structure, a business premises made of B.M. wall and A.C.G.I. steel roof, existed prior to 1962 and was therefore protected. He had earlier challenged the initial notice in Writ Petition No. 1964/2008, which resulted in a direction to the respondents to hear him and pass a fresh order. After hearing, the respondents passed the impugned demolition order. The petitioner argued that he had produced documents such as voters' lists from 1962-1964, 7x12 extracts, and a photo pass showing his occupation, which proved the structure's pre-1962 existence. The respondents contended that the documents did not establish the structure's identity or location. The Court examined the evidence and found that the voters' list did not mention the structure's number or location, and the 7x12 extracts did not correlate with the disputed structure. The Court held that the burden of proof was on the petitioner to show the structure existed before 1962, and he failed to discharge it. The petition was dismissed, and the demolition order was upheld.
Headnote
A) Town Planning - Demolition of Unauthorised Construction - Section 55 of Maharashtra Regional and Town Planning Act, 1966 - Burden of Proof - The petitioner challenged a demolition notice under Section 55 of the MRTP Act claiming the structure existed prior to 1962. The Court held that the burden lies on the petitioner to prove the structure's existence before the cut-off date. The documents produced, including voters' list and 7x12 extracts, were insufficient to establish the exact location and identity of the structure. The Court dismissed the petition, upholding the demolition order. (Paras 1-5) B) Evidence - Proof of Pre-1962 Existence - Voters' List and 7x12 Extracts - The petitioner relied on voters' list from 1962-1964 and 7x12 extracts to show the structure's age. The Court found that the voters' list did not mention the structure's number or location, and the 7x12 extracts did not correlate with the disputed structure. Thus, the evidence was insufficient to prove the structure existed before 1962. (Paras 3-5)
Issue of Consideration
Whether the petitioner's structure is protected as a pre-1962 construction and whether the demolition order under Section 55 of the MRTP Act is valid.
Final Decision
The petition is dismissed. The order dated 17/3/2009 directing demolition of the structure is upheld.
Law Points
- Burden of proof on petitioner to establish pre-1962 existence
- Section 55 of Maharashtra Regional and Town Planning Act 1966
- Demolition of unauthorised construction
- Protection of pre-existing structures
