Case Note & Summary
The matter arose from a civil application filed by the Thane Municipal Corporation seeking directions to the occupants of a building known as Khandu Niwas to vacate the premises. The building, constructed in 1975, was owned by the legal heirs of Khandu Dharma Bhoir. The Corporation had earlier issued notices under sections 264 and 268(1)(c) of the Maharashtra Municipal Corporations Act, 1949, on 11 June 2018 and 31 July 2018, directing demolition because the building was in a ruinous and dangerous condition, with visible cracks on walls and corroded beams. The occupants, thirteen petitioners, challenged these notices by way of Writ Petition No. 8706 of 2018. While the writ petition was pending, the Municipal Corporation filed Civil Application No. 1481 of 2019, highlighting the deteriorating condition of the building and urged the court to direct the occupants to vacate to enable demolition. The court was informed that prior to the impugned notices, a structural audit was directed on 24 October 2017, but no independent survey was conducted by the Corporation. The occupants claimed that repairs were sufficient and that the Corporation acted at the behest of the owners to evict them. The court observed that the notices themselves recorded the precarious state of the building, and the matter required urgent consideration. The judgment, however, remains incomplete in the provided text, and the final decision is not available.
Headnote
A) Maharashtra Municipal Corporations Act, 1949 - Sections 264, 268(1)(c) - Demolition of Ruinous Building - The Commissioner issued notices to occupants of Khandu Niwas directing demolition due to dangerous condition; court noted that the building suffered visible cracks and corroded beams, making it unsafe - Held that the matter required urgent consideration due to subsequent events (Paras 1-5).
Issue of Consideration
Whether the occupants of Khandu Niwas should be directed to vacate the premises pending the final hearing of the writ petition, given the imminent danger posed by the building's ruinous condition as per the structural audit report
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
Case Details
2026 LawText (BOM) (06) 168
Civil Application No. 1481 of 2019 in Writ Petition No. 8706 of 2018
S.C. Dharmadhikari, G.S. Patel
R.S. Apte, Mandar Limaye, Ashwini A. Purav, A.G. Damle, Ashok Gade, Jayesh Joshi, M.J. Bhat, Mukesh Sirsawal
The Commissioner, Thane Municipal Corporation and others (Applicants in Civil Application No. 1481 of 2019)
Jayantilal Dharmaji Sharma and others (Petitioners in Writ Petition No. 8706 of 2018)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil application filed by Thane Municipal Corporation seeking directions to the petitioners in the writ petition to vacate the building Khandu Niwas to enable demolition due to its ruinous and dangerous condition.
Remedy Sought
The applicant (Commissioner, Thane Municipal Corporation) sought a direction from the court to the petitioners/occupants to vacate the building within a specified time and allow demolition, and to enforce the notices issued under Sections 264 and 268(1)(c) of the Maharashtra Municipal Corporations Act, 1949.
Filing Reason
The Corporation had issued notices calling upon occupants to demolish the building due to its dangerous condition, but the occupants failed to vacate, necessitating the application for court intervention to enforce compliance and avert risk to life.
Previous Decisions
In the writ petition, the petitioners had challenged the notices and obtained an interim order staying the implementation. The writ petition was pending final disposal when the civil applications were taken up urgently due to subsequent events.
Issues
Whether the notices issued under sections 264 and 268(1)(c) of the Maharashtra Municipal Corporations Act, 1949, for demolition of Khandu Niwas building were valid and justified.
Whether the court should direct the petitioners/occupants to vacate the building immediately given the structural audit report declaring it unfit and dangerous.
Whether the petitioner's right to shelter can override the public interest in preventing a likely building collapse.
Submissions/Arguments
Applicants contended that the structural audit from VJTI conclusively showed the building was beyond repair and constituted a grave safety hazard, and the court ought to direct vacation to enable demolition under the MMC Act.
Petitioners argued that the Corporation acted without proper survey and that repairs could suffice; they relied on a private structural engineer's report and asserted their right to shelter as long-term occupants, and that the demolition notice was malafide to aid the owner in evicting them.
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
The notices highlighted that the building has suffered several cracks. The cracks are visible and they are on the walls. The notices also say that the beams are corroded and it would be highly unsafe to allow such a structure to stand.
Procedural History
The writ petition was filed by the occupants challenging the demolition notices. The Corporation then filed the civil application highlighting subsequent events and sought urgent directions to vacate. The court heard the civil application on 1 July 2019.
Acts & Sections
- Maharashtra Municipal Corporations Act, 1949: 264, 268(1)(c)
