Case Note & Summary
The petitioners, owners of flats in a cooperative housing society, had covered their terraces with asbestos sheets. The Municipal Corporation issued a demolition order on 23.04.2013. The petitioners filed suits seeking permanent injunction and obtained an interim injunction from the High Court on 24.05.2013, confirmed on 19.09.2013, restraining the Corporation from implementing the demolition order until disposal of the notices of motion. Despite this, the Corporation issued a notice under Section 53(1) of the MRTP Act on 28.11.2014 and a notice under Section 488 of the BMC Act on 11.03.2015, calling for restoration of the flats to original status and for inspection. The petitioners filed contempt petitions alleging willful disobedience. The court examined whether the issuance of these notices amounted to contempt. It noted that the interim injunction only restrained demolition and not the issuance of notices, which were merely preparatory steps. The court found no willful disobedience and dismissed the contempt petitions, clarifying that the Corporation could proceed with notices but not with actual demolition until the injunction was vacated.
Headnote
A) Contempt of Court - Willful Disobedience - Interim Injunction - The court considered whether issuance of notices under Section 53(1) of the MRTP Act and Section 488 of the BMC Act, while an interim injunction restraining demolition was in force, constituted contempt. The court held that the notices were only precursory steps and did not amount to willful disobedience of the injunction order, as the injunction only restrained demolition and not the issuance of notices. (Paras 1-7)
Issue of Consideration
Whether the issuance of notices under Section 53(1) of the MRTP Act and Section 488 of the Mumbai Municipal Corporation Act by the Municipal Corporation, despite an interim injunction restraining demolition, amounts to willful disobedience and contempt of court.
Final Decision
Both contempt petitions are dismissed. The court held that the issuance of notices under Section 53(1) of MRTP Act and Section 488 of BMC Act does not amount to willful disobedience of the interim injunction order, as the injunction only restrained demolition and not the issuance of notices.
Law Points
- Contempt of court
- willful disobedience
- interim injunction
- MRTP Act
- Mumbai Municipal Corporation Act
- Section 53(1) MRTP Act
- Section 488 BMC Act
- contempt petition
- breach of injunction
Case Details
2016 LawText (BOM) (08) 120
Contempt Petition No. 189 of 2015 and Contempt Petition No. 190 of 2015
Dr. Shalini Phansalkar-Joshi, J.
Mr. Rajesh Kachare a/w. Ms. Savita Sawalkar i/b M/s. Tamhane & Co. for the Petitioners; Mr. N. V. Walawalkar a/w. Mrs. Madhuri More for the Respondents
Kalpana Kamlesh Patadia and Kamlesh Jayantilal Patadia
Sitaram Kunthe, Municipal Commissioner of Gr. Mumbai & Ors.
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Nature of Litigation
Contempt petitions alleging willful disobedience of interim injunction order by Municipal Corporation.
Remedy Sought
Petitioners sought to hold respondents guilty of contempt for issuing notices under MRTP Act and BMC Act despite interim injunction restraining demolition.
Filing Reason
Respondents issued notices under Section 53(1) of MRTP Act and Section 488 of BMC Act after interim injunction was granted, allegedly in breach of the order.
Previous Decisions
Interim injunction granted by High Court on 24.05.2013 and confirmed on 19.09.2013, restraining demolition until disposal of notices of motion.
Issues
Whether issuance of notices under Section 53(1) of MRTP Act and Section 488 of BMC Act amounts to willful disobedience of interim injunction order.
Submissions/Arguments
Petitioners argued that the notices were in breach of the interim injunction and amounted to contempt.
Respondents contended that the notices were only precursory steps and did not violate the injunction which only restrained demolition.
Ratio Decidendi
An interim injunction restraining demolition does not prohibit the issuance of notices under statutory provisions as a preparatory step; such notices do not constitute willful disobedience unless they directly violate the terms of the injunction.
Judgment Excerpts
The grievance of the petitioners is that despite this order of interim injunction granted and confirmed by this Court till disposal of the Notices of Motion and despite the fact that the Notices of Motion are yet not disposed of and pending before the Trial Court, the respondent herein issued notice dated 28.11.2014 under Section 53(1) of the MRTP Act calling upon the petitioners to restore their flats to original status.
Procedural History
Petitioners filed suits for permanent injunction against demolition order dated 23.04.2013. Interim injunction was granted by High Court on 24.05.2013 and confirmed on 19.09.2013. Despite this, respondents issued notices under MRTP Act and BMC Act. Petitioners filed contempt petitions in 2015. Both petitions heard together and dismissed on 25.08.2016.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966 (MRTP Act): Section 53(1)
- Mumbai Municipal Corporation Act, 1888 (BMC Act): Section 488
