Case Note & Summary
The petitioner, M/s Crescent Property Developers, a partnership firm registered under the Indian Partnership Act, 1956, filed a writ petition under Article 226 of the Constitution of India challenging a stop work notice dated 2nd March 2012 issued by the Municipal Corporation of Greater Mumbai (respondents) under Section 354A of the Mumbai Municipal Corporation Act, 1888. The property in question, known as Gora Gandhi Chawl, situated at C.S No. 337(Part) and 1/337(Part) of Malbar Hill, Tardeo Division, Belasis Road, Tardeo, Mumbai, was acquired by the Corporation under a Slum Clearance Scheme. The property consisted of old structures with 168 tenements, of which 165 were residential. The petitioner was engaged in redevelopment of the property. The Corporation issued the stop work notice alleging that construction was being carried out without permission. The petitioner contended that the notice was illegal and without jurisdiction as the Corporation had not obtained prior approval under Development Control Regulation 33(7) from the Chief Engineer before issuing the notice. The court, after hearing both sides, held that the Corporation cannot invoke Section 354A without first obtaining prior approval under DCR 33(7). The stop work notice was quashed and set aside. The petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Stop Work Notice - Section 354A of Mumbai Municipal Corporation Act, 1888 - Validity - The petitioner challenged a stop work notice issued under Section 354A for construction without permission - The court held that the Corporation cannot invoke Section 354A without first obtaining prior approval under DCR 33(7) from the Chief Engineer - The notice was quashed as it was issued without following the mandatory procedure (Paras 3-5).
Issue of Consideration
Whether the stop work notice issued under Section 354A of the Mumbai Municipal Corporation Act, 1888, without prior approval under DCR 33(7) is valid.
Final Decision
The stop work notice dated 2nd March 2012 is quashed and set aside. The petition is allowed. Rule made absolute. No order as to costs.
Law Points
- Section 354A of Mumbai Municipal Corporation Act
- 1888
- Development Control Regulations 33(7)
- Stop work notice
- Prior approval
- Slum redevelopment
- Construction without permission
