Case Note & Summary
The petitioners, residents and shop occupants of a building known as 'Velbai Velji Arogya Bhuvan' in Sion, Mumbai, challenged an eviction notice dated 19/10/2016 issued by the Municipal Corporation of Greater Mumbai (MCGM) declaring the building as C-1 category (dangerous and to be demolished). The petitioners had submitted five structural audit reports from various engineers and institutions, including VJTI, indicating that the building was repairable and not beyond repair. Despite these submissions, the Corporation proceeded to issue the eviction notice without considering the reports. The petitioners contended that the notice was issued at the behest of the landlords, who were trustees of a charitable trust. The court examined the provisions of the Mumbai Municipal Corporation Act, 1888, particularly sections relating to dangerous buildings. The court held that the Corporation had failed to consider the structural audit reports submitted by the petitioners, which was a violation of principles of natural justice. The court quashed the impugned notice and directed the Corporation to reconsider the matter after giving the petitioners an opportunity of hearing and considering all the reports. The court also directed that status quo be maintained regarding the building until fresh orders are passed.
Headnote
A) Municipal Law - Eviction Notice - Dangerous Building Classification - Sections 354, 355, 356, 488 of the Mumbai Municipal Corporation Act, 1888 - Petitioners challenged eviction notice issued by MCGM declaring building as C-1 (to be demolished) - Petitioners had submitted multiple structural audit reports showing building was repairable - Corporation did not consider these reports before issuing notice - Held that the Corporation must consider all relevant material and afford opportunity of hearing before classifying a building as dangerous (Paras 1-10).
B) Natural Justice - Right to be Heard - Administrative Action - Petitioners were not given opportunity to present their structural audit reports before the impugned notice was issued - Held that principles of natural justice require that the Corporation consider the reports submitted by the occupants before taking coercive action (Paras 5-8).
Issue of Consideration
Whether the impugned eviction notice issued by the Municipal Corporation declaring the subject structure as C-1 (dangerous) and directing demolition is sustainable when the petitioners had submitted structural audit reports indicating the building was repairable, and whether the Corporation failed to consider those reports before issuing the notice.
Final Decision
The court quashed the impugned eviction notice dated 19/10/2016 and directed the Municipal Corporation to reconsider the matter after giving the petitioners an opportunity of hearing and considering all the structural audit reports submitted by them. Status quo regarding the building was directed to be maintained until fresh orders are passed.
Law Points
- Natural justice
- Right to be heard
- Consideration of structural audit reports
- Classification of dangerous buildings
- Municipal Corporation's duty
Case Details
Writ Petition Lodging No. 3002 of 2016, Writ Petition Lodging No. 3011 of 2016, Writ Petition Lodging No. 2934 of 2016
Naresh H. Patil, M. S. Karnik
Mr. P. R. Yadav a/w Priyanka Dubey for petitioners in WPL No. 3002 of 2016, Mr. J. A. Udaipuri i/by Udaipuri and Co. for petitioners in WPL No. 3011/16, Mr. Girish Godbole a/w Mr. S. S. Kanetkar, Mr. Sumieet Kothari and Raghavendra B. for petitioners in WPL No.2934/16, Dr. Abhinav Chandrachud a/w Mr. Shailedra Singh for respondent nos.3 to 5 in WPL No. 3002/16, for respondent nos.5 to 7 in WPL No. 3011/16 and for respondent no.4 in WPL No. 2934/16, Mr. Sukanta Karmakar, AGP for State in WPL Nos.2934 and 3011 of 2016, Mrs. Pallavi Thakar for MCGM
Mr. Jayant Sunderdas Karia & ors. (in WPL 3002/2016), Mr. Harish Ruparel & ors. (in WPL 3011/2016), Bhamini G. Keni & ors. (in WPL 2934/2016)
The Municipal Corporation of Greater Bombay & ors. (in WPL 3002/2016 and 3011/2016), The State of Maharashtra and ors. (in WPL 2934/2016)
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Nature of Litigation
Writ petition challenging eviction notice issued by Municipal Corporation declaring building as dangerous and directing demolition.
Remedy Sought
Quashing of eviction notice dated 19/10/2016 and direction to consider structural audit reports submitted by petitioners.
Filing Reason
Petitioners alleged that the eviction notice was issued without considering their structural audit reports which showed the building was repairable, and that the notice was at the behest of the landlords.
Issues
Whether the impugned eviction notice is sustainable when the petitioners had submitted structural audit reports indicating the building was repairable?
Whether the Municipal Corporation failed to consider the structural audit reports before issuing the notice?
Submissions/Arguments
Petitioners submitted that they had provided five structural audit reports from various engineers and VJTI showing the building was repairable, but the Corporation did not consider them.
Petitioners argued that the notice was issued at the behest of the landlords/trustees.
Respondents (Corporation) likely argued that the building was dangerous and required demolition.
Ratio Decidendi
The Municipal Corporation must consider all relevant material, including structural audit reports submitted by occupants, before classifying a building as dangerous and issuing an eviction notice. Failure to do so violates principles of natural justice.
Judgment Excerpts
Petitioners challenge the notice of eviction bearing No. AC/TN/OD/310/B & F dated 19/10/2016 issued by Designated Officer FN-I, Asst. Engineer (Building & Factory), F/North Ward of Municipal Corporation, Mumbai and seek consequential reliefs.
Petitioners state that they have submitted relevant documents to respondent no.2, namely, (a) structural audit report by M/s. V. J. Joshi & Associates, (b) structural audit report by M/s. Viztech Consultants, (c) structural audit report by Vastu Associates with N.D. Test Report conducted by EN Lab Services, (d) structural audit report by Mr. Milind Patil, structural engineer having B.M.C. License No. STR/P86 with N. D. Test Report conducted by M/s. R. K. Infra Technoclinc Services Pvt. Ltd., and (e) structural audit report dated 15/2/2016 by Veermata Jinabai Technological Institute (VJTI).
Procedural History
The petitions were filed in 2016 challenging the eviction notice dated 19/10/2016. Rule was issued and heard finally by consent of parties. Judgment reserved on January 19, 2017 and pronounced on March 10, 2017.
Acts & Sections
- Mumbai Municipal Corporation Act, 1888: 354, 355, 356, 488
