Case Note & Summary
The petitioner, Indu Oil And Soap Co., is the owner of a property at 5-A, Hansraj Lane, Byculla (E), Mumbai, where it operates a factory for manufacturing and distributing oil and soap. The existing structure was old and required repairs to prevent water leakage during monsoon. On 21 July 2025, the petitioner wrote to Respondent No. 4 (Assistant Engineer) requesting permission to carry out tenantable repairs by replacing old rusted GI sheets on the roof and along the sides. Receiving no response, and due to heavy monsoon, the petitioner proceeded to replace the old sheets with new ones of the same nature. On 21 August 2025, Respondent No. 3 (Executive Engineer) issued a notice under Section 354A of the Mumbai Municipal Corporation Act, 1888, directing the petitioner to stop erection of the building/work, produce approved permission within 24 hours, failing which the work would be removed. The petitioner replied on 25 August 2025 stating that no erection or work attracting Section 354A had been carried out. Aggrieved, the petitioner filed the present writ petition. The court held that replacement of old rusted GI sheets with new ones of the same nature constitutes tenantable repairs and does not amount to erection of a building or work requiring prior permission under Section 354A. The notice was also violative of principles of natural justice as no opportunity of hearing was given. The court quashed the impugned notice and directed the respondents to not take coercive action for the said repairs.
Headnote
A) Municipal Law - Stop-Work Notice - Section 354A Mumbai Municipal Corporation Act, 1888 - Tenantable Repairs - Petitioner replaced old rusted GI sheets on roof and sides of existing factory structure to prevent monsoon leakages - Respondent issued notice under Section 354A directing stoppage of work and removal - Held that replacement of old sheets with new ones of same nature is tenantable repair, not erection of building or new work, and does not require prior permission under the Act - Notice quashed (Paras 4-10). B) Natural Justice - Opportunity of Hearing - Section 354A Mumbai Municipal Corporation Act, 1888 - Notice issued without prior show-cause or opportunity to petitioner - Held that even if Section 354A is attracted, principles of natural justice require that the person be heard before such drastic order is passed - Notice also violative of natural justice (Para 10). C) Writ Jurisdiction - Alternative Remedy - Maintainability - Petitioner challenged notice under Section 354A without exhausting statutory appeal - Held that where the notice is patently without jurisdiction, writ petition is maintainable despite alternative remedy (Para 10).
Issue of Consideration
Whether replacement of old rusted GI sheets on roof and sides of an existing structure amounts to 'erection of a building' or 'work' under Section 354A of the Mumbai Municipal Corporation Act, 1888, requiring prior permission from the municipal corporation.
Final Decision
The impugned notice dated 21/08/2025 issued under Section 354A of the Mumbai Municipal Corporation Act, 1888 is quashed and set aside. The respondents are directed not to take any coercive action against the petitioner for the said repairs. Rule is made absolute accordingly.
Law Points
- Tenantable repairs do not require prior permission under Mumbai Municipal Corporation Act
- 1888
- Section 354A is not attracted for replacement of old rusted GI sheets with new ones
- Natural justice requires opportunity of hearing before issuing stop-work notice
- Writ petition maintainable against municipal notice without exhausting alternative remedy in case of patent lack of jurisdiction
