Case Note & Summary
The petitioner, The Tadeshwar Wadi Co-operative Housing Society Ltd., filed a writ petition under Article 226 of the Constitution of India seeking directions to the Municipal Corporation of Greater Mumbai and police authorities to take follow-up action on notices issued under Section 354 of the Mumbai Municipal Corporation Act, 1888. The notices pertained to dangerous structures within the society's premises. The petitioner contended that despite issuance of notices, the Corporation failed to take effective action, and police support was not provided. The respondents, including the State of Maharashtra, Municipal Corporation, and police officials, were represented by counsel. The Court, after hearing arguments, held that the Corporation is duty-bound to take necessary action to prevent danger to life and property, and police authorities must provide logistical support for such lawful actions. The petition was disposed of with directions to the Corporation to take follow-up action within a specified period and to the police to provide necessary support.
Headnote
A) Municipal Law - Dangerous Structures - Section 354 of Mumbai Municipal Corporation Act, 1888 - The Court considered whether the Corporation must take follow-up action on notices issued under Section 354 for demolition of dangerous buildings. The Court held that the Corporation is duty-bound to take necessary action to prevent danger to life and property, and police authorities must provide logistical support for such lawful actions. (Paras 1-3)
Issue of Consideration
Whether the Municipal Corporation is obliged to take follow-up action on notices issued under Section 354 of the Mumbai Municipal Corporation Act, 1888, and whether police authorities must provide logistical support for such action.
Final Decision
The Court directed the Municipal Corporation to take follow-up action on the notices issued under Section 354 of the Mumbai Municipal Corporation Act, 1888, and directed the police authorities to provide necessary logistical support for such action. The petition was disposed of with these directions.
Law Points
- Section 354 of Mumbai Municipal Corporation Act
- 1888 empowers the Corporation to take action against dangerous structures
- Article 226 of Constitution of India for issuance of directions
- duty of police to provide support for lawful actions
Case Details
WRIT PETITION NO.2403 OF 2012
A.M. Khanwilkar, K.K. Tated
Mr. Joaquim Reis, Sr. Advocate with R.C. Sequeira i/b Maniar Srivastava Asso. for Petitioner; Ms. Anjali Helekar, AGP, for Respondent Nos.1 & 7; Mr. S.U. Kamdar, Sr. Advocate with Ms. K.R. Punjabi for Resp. Nos.2 to 6; Mr. H.T. Pawar for Resp. Nos.10 & 11; Ms. Sonal i/b I.R. Joshi & co. for Resp. No.14; Ms. Uma Wagle for Resp. Nos.15 & 17
The Tadeshwar Wadi Co-operative Housing Society Ltd.
The State of Maharashtra, Municipal Corporation of Greater Mumbai, Municipal Commissioner, Assistant Municipal Commissioner (Ward Officer), Assistant Engineer, Dy. Commissioner of Police (Zone V), Senior Inspector of Police, Chief Fire Officer, United Shelters Pvt. Ltd., Smt. Polamma Timmappa, Mallikarjun S. Bedar, Smt. Malamma Daniel Devral, Ramesh D. Devral, Suresh D. Devral, Shri Chandra Belly, Vijaylaxmi Saudanoor, Emanuel Goshi
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking directions to municipal corporation and police authorities to take follow-up action on notices issued under Section 354 of Mumbai Municipal Corporation Act, 1888.
Remedy Sought
Petitioner sought issuance of directions to the Corporation to take follow-up action on notices under Section 354 and to police authorities to provide logistical support.
Filing Reason
Failure of the Corporation to take effective action on notices issued under Section 354 regarding dangerous structures, and lack of police support.
Issues
Whether the Municipal Corporation is obliged to take follow-up action on notices issued under Section 354 of the Mumbai Municipal Corporation Act, 1888?
Whether police authorities must provide logistical support for such action?
Submissions/Arguments
Petitioner argued that the Corporation failed to take follow-up action despite issuing notices under Section 354, and police support was not provided.
Respondents (Corporation and police) did not oppose the directions sought, and through their counsel, they waived notice.
Ratio Decidendi
The Municipal Corporation is duty-bound to take necessary action under Section 354 of the Mumbai Municipal Corporation Act, 1888 to prevent danger to life and property, and police authorities must provide logistical support for such lawful actions.
Judgment Excerpts
This petition under Article 226 of the Constitution of India, in substance, is for issuance of directions to the officials of the Corporation to take follow-up action on the basis of notices issued u/s 354 of the Mumbai Municipal Corporation Act, 1888 and to facilitate the officials of the Corporation to do so, the police authorities be directed to provide necessary logistical support.
Procedural History
The petition was filed in 2012. Heard on 4.2.2013 and judgment delivered on 8.2.2013. Rule was made returnable forthwith by consent.
Acts & Sections
- Mumbai Municipal Corporation Act, 1888: 354
- Constitution of India: 226
