Case Note & Summary
The Municipal Corporation of Greater Mumbai and another (appellants) challenged an order dated 10 April 2013 passed by the learned Judge, City Civil Court, Mumbai, which granted an interim injunction restraining the Corporation from demolishing or evicting tenants from a building situated at M.M.R.D.A. Sankalp Vashat, Natwar Parekh Compound, Ghatkopar – Mankhurd Link Road, Govandi West, Mumbai. The respondent, Prakash Cooperative Housing Society Ltd., a society registered under the Maharashtra Cooperative Societies Act, 1960, represented tenants who were occupiers of tenements in the suit building. The suit building was assessed by the Corporation and was the property of the Mumbai Metropolitan Region Development Authority (MMRDA). The tenants had been allotted the suit premises in lieu of their huts on Rafi Ahmad Kidwai Road, Sewree, Mumbai, pursuant to a road widening scheme, after verification of their eligibility as slum dwellers. Prior to the suit, the Corporation had issued a notice under Section 354 of the Mumbai Municipal Corporation Act, 1888 (MMC Act) to inquire into the claims of the tenants. The trial court granted the interim injunction without considering the statutory scheme under the MMC Act, the balance of convenience, or the prima facie case. The High Court held that the interim relief was unsustainable as it overlooked the public interest and the Corporation's statutory duty to remove unauthorized constructions. The court set aside the impugned order and dismissed the interim application, allowing the Corporation to proceed with the eviction/demolition action in accordance with law.
Headnote
A) Civil Procedure - Interim Injunction - Grant of Injunction Without Considering Statutory Scheme - The trial court granted interim injunction restraining the Municipal Corporation from demolishing/evicting tenants without considering the statutory scheme under the Mumbai Municipal Corporation Act, 1888, Section 354, and without examining balance of convenience or prima facie case - Held that such interim relief is unsustainable as it overlooks the public interest and the Corporation's statutory duty to remove unauthorized constructions (Paras 2-10). B) Municipal Law - Eviction of Unauthorized Occupants - Section 354 of MMC Act - The Municipal Corporation issued notice under Section 354 of the MMC Act to inquire into claims of tenants occupying premises on MMRDA land allotted in lieu of slum huts - The suit building was assessed by the Corporation and was property of MMRDA - Held that the Corporation has the power to take action for eviction/demolition of unauthorized occupation, and the interim injunction was granted without considering the statutory scheme (Paras 3-8). C) Property Law - Ownership of Land - MMRDA Land - The suit building was constructed on land belonging to Mumbai Metropolitan Region Development Authority (MMRDA) - Tenants were allotted premises in lieu of their huts after verification of eligibility as slum dwellers - The Municipal Corporation assessed the building - Held that the land being public property, any unauthorized occupation must be dealt with summarily under the MMC Act (Paras 3-4).
Issue of Consideration
Whether the trial court was justified in granting an interim injunction restraining the Municipal Corporation from demolishing/evicting the tenants/occupiers of the suit building without considering the statutory scheme under the MMC Act and the balance of convenience.
Final Decision
The High Court allowed the appeal, set aside the order dated 10 April 2013 passed by the City Civil Court, Mumbai, and dismissed the interim application (Exhibit 5) in the suit. The Corporation was permitted to proceed with the eviction/demolition action in accordance with law.
Law Points
- Interim injunction cannot be granted without considering statutory scheme
- balance of convenience
- and prima facie case
- Section 354 of MMC Act provides for summary eviction of unauthorized occupants
- Public interest outweighs private interest in cases of unauthorized construction on public land.
