Case Note & Summary
The appellant, a tenant in possession of premises since prior to 1987, challenged a show cause notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 (MMC Act) and sought an injunction against demolition. The trial court refused ad-interim relief on 21.3.2013. The appellant had filed a reply to the show cause notice on 27.2.2013, requesting a personal hearing, and contended that no notice was served on the owner. The Assistant Commissioner passed a single-line order without giving an opportunity of hearing. The High Court held that the Assistant Commissioner must pass a reasoned order after hearing the occupier, and the trial court cannot supply reasons not recorded by the authority. The court also noted that the appellant had been in possession since before 1987 and had made a statement that the property could be regularised. The impugned order was quashed, and the respondent was directed to give a personal hearing to the appellant before passing any final order, with status quo to be maintained for four weeks.
Headnote
A) Municipal Law - Demolition of Unauthorised Structure - Section 351 MMC Act - Show Cause Notice - The Assistant Commissioner must pass a reasoned order after giving an opportunity of hearing to the occupier/tenant, and the court cannot supply reasons not recorded by the authority. The failure to issue notice to the owner and lack of personal hearing vitiates the demolition order. (Paras 4-5) B) Civil Procedure - Interim Injunction - Appeal from Order - The trial court's refusal to grant ad-interim relief was set aside as the Assistant Commissioner's order was not reasoned and the tenant had been in possession since prior to 1987. (Paras 2-6)
Issue of Consideration
Whether the Assistant Commissioner can pass a demolition order without giving an opportunity of hearing to the tenant and without issuing show cause notice to the owner, and whether the trial court can supply reasons not recorded by the authority.
Final Decision
The appeal is allowed. The impugned order dated 21.3.2013 is quashed and set aside. The respondent is directed to give a personal hearing to the appellant before passing any final order in the matter. The respondent to maintain status quo for a period of four weeks from the date of the order.
Law Points
- Principles of natural justice
- opportunity of hearing
- reasoned order
- show cause notice under Section 351 MMC Act
- tenant's right to be heard before demolition
