Case Note & Summary
The petitioners, various societies and associations, filed writ petitions challenging the cancellation of their trade licences by the Municipal Corporation of Greater Mumbai. The petitioners had constructed structures on Gaothan land without obtaining the requisite building permissions. The Municipal Corporation issued notices and subsequently cancelled the licences on the ground that the constructions were unauthorised. The petitioners argued that they were entitled to regularisation under the Development Control Regulations and that the cancellation was arbitrary. The court examined the provisions of the Maharashtra Regional and Town Planning Act, 1966 and the Bombay Provincial Municipal Corporations Act, 1949. The court held that the petitioners had no legal right to regularisation of unauthorised constructions and that the Municipal Corporation was justified in cancelling the licences. The court dismissed the petitions, upholding the cancellation of licences.
Headnote
A) Municipal Law - Unauthorised Construction - Cancellation of Licences - Petitioners constructed structures on Gaothan land without obtaining building permissions from the Municipal Corporation - The Corporation cancelled their trade licences on the ground that the structures were unauthorised - Held that the petitioners had no legal right to regularisation of unauthorised constructions and the cancellation of licences was justified (Paras 1-35).
Issue of Consideration
Whether the petitioners, who constructed structures without valid building permissions on Gaothan land, are entitled to regularisation of such constructions and whether the cancellation of their trade licences by the Municipal Corporation was lawful.
Final Decision
The court dismissed the writ petitions, upholding the cancellation of trade licences by the Municipal Corporation.
Law Points
- Unauthorised construction on Gaothan land
- Cancellation of licences
- Right to regularisation
- Development Control Regulations
- Maharashtra Regional and Town Planning Act
- 1966
- Bombay Provincial Municipal Corporations Act
- 1949
