Case Note & Summary
The appellant, Kalyan Dombivli Municipal Corporation, was the original defendant in a suit filed by the respondent, Tukaram Muttappa Pai, who had purchased two shop premises (galas) on 8.10.1989 and started a hotel called 'Hotel Regency' after obtaining necessary licenses. On 7.2.1992, officers of the Corporation informed the plaintiff that they had received a complaint and would take action against him. The plaintiff learned that one Bhalchandra Sarportdar and Nayak Kamlakar had made the complaint. The plaintiff filed Regular Civil Suit No.200 of 1992 seeking an injunction restraining the Corporation from demolishing the suit premises without due process of law. The trial court decreed the suit in favor of the plaintiff, restraining the defendant from demolishing the premises or any part thereof without due process of law. The Corporation appealed to the District Court, which dismissed the appeal. The Corporation then filed this second appeal. The High Court considered whether the Corporation could demolish without following due process. The court held that the Corporation must follow the procedure under Section 478 of the Bombay Provincial Municipal Corporation Act, 1949, and cannot demolish without notice or opportunity. The appeal was dismissed, and the injunction was upheld.
Headnote
A) Property Law - Injunction Against Demolition - Due Process - Bombay Provincial Municipal Corporation Act, 1949, Section 478 - The plaintiff purchased two galas and started a hotel after obtaining license. The Municipal Corporation threatened demolition without notice. The trial court decreed the suit restraining demolition without due process, which was confirmed by the appellate court. Held that the Corporation cannot demolish without following the procedure under Section 478 of the Act (Paras 1-3).
Issue of Consideration
Whether the Municipal Corporation can demolish the suit premises without following due process of law under the Bombay Provincial Municipal Corporation Act, 1949.
Final Decision
Appeal dismissed; judgment and order of the lower appellate court confirmed; injunction against demolition without due process upheld.
Law Points
- Right to property
- Due process
- Injunction against demolition without notice
- Section 478 Bombay Provincial Municipal Corporation Act
- 1949
