Case Note & Summary
The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the Municipal Corporation of Greater Mumbai (MCGM) declaring the building as dilapidated and dangerous and directing its demolition. The petitioners contended that the notice was issued without giving them any opportunity of hearing, in violation of principles of natural justice and the procedure prescribed under the Mumbai Municipal Corporation Act, 1888. They argued that they had been residing in the building for decades and had no alternative accommodation. The respondents, including MCGM and the owners of the building, opposed the petition, stating that the building was in a dilapidated condition and posed a risk to life and property. The court examined the provisions of Sections 354 and 488 of the MMC Act, which require the Corporation to give notice to the owner and occupiers before demolition and to consider their objections. The court held that the impugned notice was issued without following the due process of law and without affording the tenants a hearing. The court set aside the notice and directed the MCGM to hear the petitioners before taking any further action. The court also observed that the tenants' right to shelter is a fundamental right under Article 21 of the Constitution and cannot be taken away without following the procedure established by law.
Headnote
A) Municipal Law - Demolition of Dilapidated Building - Right of Tenants to be Heard - Sections 354, 488 Mumbai Municipal Corporation Act, 1888 - Petitioners, tenants of a building declared dilapidated, challenged the demolition notice issued by MCGM without affording them an opportunity of hearing - Court held that the Corporation must follow the procedure under Section 354 and give notice to the occupiers before demolition, and that the tenants have a right to be heard - Held that the impugned notice was set aside and the Corporation was directed to hear the petitioners before taking any further action (Paras 1-22).
Issue of Consideration
Whether the Municipal Corporation can demolish a building declared dilapidated without giving notice and hearing to the tenants?
Final Decision
The court allowed the petition, set aside the impugned notice, and directed the Municipal Corporation to hear the petitioners before taking any further action regarding demolition.
Law Points
- Right to hearing before demolition
- Section 354 of Mumbai Municipal Corporation Act
- 1888
- Section 488 of Mumbai Municipal Corporation Act
- Natural justice
- Demolition of dilapidated building
- Tenants' rights
