Case Note & Summary
The appellant, a tenant of a shop in Mumbai, filed an appeal against an order of the City Civil Court, Mumbai, refusing to grant ad interim injunction restraining the Municipal Corporation of Greater Mumbai from demolishing a temporary shed (the suit shed) located behind three shops. The appellant claimed tenancy since 1974 and argued that the shed was not unauthorised as it had been assessed for municipal taxes since 1979. The Municipal Corporation had issued a notice under Section 351 of the Mumbai Municipal Corporation Act, 1888, on 5th June 2006, alleging that the shed was constructed without planning permission. After hearing the appellant, the Corporation concluded that the shed was erected after 17th April 1962, the cut-off date for protection under a government resolution, and thus was liable to demolition. The appellant then filed Suit No.3035 of 2006 seeking injunction, which was refused by the trial court. The High Court, in appeal, considered whether the trial court's refusal was justified. The court noted that the shed was admittedly constructed without permission and that the Corporation had determined it was built after 1962. The court held that assessment of property tax does not make an unauthorised structure legal, and that the cut-off date for protection was 17th April 1962. Since the shed was erected after that date, it was liable to demolition. The court found no merit in the appeal and dismissed it, upholding the trial court's order.
Headnote
A) Municipal Law - Unauthorised Construction - Section 351 of Mumbai Municipal Corporation Act, 1888 - Ad Interim Injunction - The appellant sought injunction against demolition of a shed constructed without permission - The court held that assessment of property tax does not confer legality on an unauthorised structure and that the cut-off date for protection was 17th April 1962 - Held that the trial court rightly refused injunction as the shed was erected after the cut-off date (Paras 1-4).
Issue of Consideration
Whether the trial court was justified in refusing ad interim injunction restraining the Municipal Corporation from demolishing the suit shed on the ground that it was an unauthorised structure.
Final Decision
The appeal is dismissed. The order of the City Civil Court, Mumbai, dated 10th July 2006, refusing ad interim injunction is upheld.
Law Points
- Assessment of property tax does not make an unauthorised structure legal
- Unauthorised construction after the cut-off date of 17th April 1962 is liable to demolition
- No injunction can be granted against demolition of unauthorised structure
