Case Note & Summary
The petitioners, tenants of a cessed building known as 'Shreeji Krupa' in Mumbai, filed a writ petition challenging the demolition of the building by the Municipal Corporation of Greater Mumbai (MCGM) without prior permission from the Competent Authority under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The building was declared dilapidated, and MCGM issued a notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, ordering demolition. The tenants argued that the building was in a slum area and that MCGM had not obtained the mandatory permission from the Competent Authority. They also contended that they were entitled to alternate accommodation before demolition. MCGM argued that the building was dangerous and required immediate demolition for safety. The court analyzed Section 354 of the MMC Act and Section 22 of the Slum Areas Act, holding that MCGM must obtain prior permission from the Competent Authority before demolishing a cessed building in a slum area. The court also held that tenants have a right to alternate accommodation or rehabilitation as per the slum rehabilitation scheme. The court allowed the petition, quashed the demolition notice, and directed MCGM to follow the proper procedure, including obtaining permission and providing alternate accommodation to the tenants.
Headnote
A) Municipal Law - Demolition of Cessed Building - Section 354 of Mumbai Municipal Corporation Act, 1888 - Prior Permission of Competent Authority - The court considered whether MCGM could demolish a cessed building without prior permission from the Competent Authority under the Maharashtra Slum Areas Act. Held that Section 354 requires MCGM to obtain permission from the Competent Authority before demolition, and failure to do so renders the demolition illegal. (Paras 10-15) B) Slum Rehabilitation - Alternate Accommodation - Section 22 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 - Tenants' Rights - The court examined whether tenants are entitled to alternate accommodation before demolition. Held that tenants have a right to be provided alternate accommodation or rehabilitation as per the scheme before demolition, and MCGM cannot evict tenants without following due process. (Paras 16-20) C) Constitutional Law - Right to Shelter - Article 21 of Constitution of India - Protection of Tenants - The court held that the right to shelter is a fundamental right under Article 21, and demolition without providing alternate accommodation violates tenants' rights. (Paras 21-25)
Issue of Consideration
Whether the Municipal Corporation of Greater Mumbai (MCGM) can demolish a cessed building without obtaining prior permission from the Competent Authority under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and whether the tenants are entitled to alternate accommodation before demolition.
Final Decision
The court allowed the petition, quashed the demolition notice, and directed MCGM to obtain prior permission from the Competent Authority under the Maharashtra Slum Areas Act before demolition, and to provide alternate accommodation to the tenants as per the slum rehabilitation scheme.
Law Points
- Section 354 of the Mumbai Municipal Corporation Act
- 1888
- Section 22 of the Maharashtra Slum Areas (Improvement
- Clearance and Redevelopment) Act
- 1971
- prior permission of Competent Authority
- demolition of cessed building
- tenants' rights
- alternate accommodation
