Case Note & Summary
The case involves two writ petitions filed by Sharvan Developers Private Limited and others, and by Jayesh Mehta and others, challenging a demolition order passed by the Municipal Corporation of Greater Mumbai (MCGM) against a building constructed in Gulmohar Area, Juhu, Mumbai. The petitioners claimed that the building was constructed with valid development permission, but the MCGM contended that the construction was unauthorized and in violation of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the Mumbai Municipal Corporation Act, 1888 (BMC Act). The court examined the facts and found that the developer had not obtained the necessary development permission from the MCGM, and the construction was in a residential zone without proper approvals. The court held that the demolition order was valid and the petitioners had no locus standi to challenge it, as they were purchasers of flats in an illegal building. The court dismissed both writ petitions, upholding the demolition order and directing the MCGM to proceed with the demolition. The judgment emphasizes that unauthorized constructions cannot be protected and that purchasers of such properties cannot claim any legal rights.
Headnote
A) Municipal Law - Unauthorized Construction - Demolition Order - Maharashtra Regional and Town Planning Act, 1966, Section 52; Mumbai Municipal Corporation Act, 1888, Section 351 - The court considered the validity of a demolition order issued by the Municipal Corporation against a building constructed without valid development permission in a residential zone. The court held that the construction was illegal and the demolition order was justified, as the developer failed to obtain necessary approvals. The court also held that the petitioners, who were purchasers of flats, had no locus standi to challenge the demolition order as they had not obtained any valid permission. (Paras 1-10) B) Property Law - Locus Standi - Purchaser of Illegal Construction - The court held that a person who purchases a flat in an unauthorized building cannot claim any right to challenge the demolition order, as the construction itself is illegal and against public interest. The court relied on the principle that no one can claim equity in an illegal structure. (Paras 11-15) C) Constitutional Law - Writ Jurisdiction - Maintainability - The court held that a writ petition challenging a demolition order is not maintainable when the petitioner has no legal right and the construction is clearly unauthorized. The court dismissed the petitions as devoid of merit. (Paras 16-20)
Issue of Consideration
Whether the demolition order passed by the Municipal Corporation of Greater Mumbai against unauthorized construction in a residential zone is valid and whether the petitioners have locus standi to challenge the same.
Final Decision
Both writ petitions dismissed. Demolition order upheld. MCGM directed to proceed with demolition.
Law Points
- Unauthorized construction in residential zone
- demolition order
- development permission
- MRTP Act
- BMC Act
- locus standi
- maintainability of writ petition
