Case Note & Summary
The petitioner, Mr. Arputharaj Nadar, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 27th October, 2016 issued by the Municipal Corporation of Greater Mumbai under Section 55(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the consequent order dated 6th April, 2017 passed by the Designated Officer for demolition of his shop structure. The petitioner claimed ownership of the shop, which was purchased by his father on 6th February, 1991 via a sale agreement, and that he had been in occupation since then. The shop, admeasuring 10x10x10 sq.ft., was situated on the ground floor adjoining Mahavir Mansion, between Building Nos.122B and 132, Kika Street, Gulalwadi, Mumbai. The petitioner contended that he had a valid shop and establishment licence for the business of 'Rina Tours and Travels'. The court, after hearing the parties, found that the demolition notice and order were issued without affording the petitioner a proper opportunity of hearing, thereby violating principles of natural justice. The court quashed the notice and order, directing the respondents to hear the petitioner before taking any coercive action. The petition was allowed, and rule was made absolute.
Headnote
A) Municipal Law - Demolition Notice - Section 55(1) Maharashtra Regional and Town Planning Act, 1966 - Natural Justice - The petitioner challenged a demolition notice and order for his shop structure. The court held that the notice was issued without giving the petitioner a proper opportunity of hearing, violating principles of natural justice. The court quashed the notice and order, directing the respondents to hear the petitioner before taking any coercive action. (Paras 1-7)
Issue of Consideration
Whether the demolition notice dated 27th October, 2016 and the consequent order dated 6th April, 2017 issued under Section 55(1) of the Maharashtra Regional and Town Planning Act, 1966 are valid and sustainable in law.
Final Decision
The court allowed the writ petition, quashed the notice dated 27th October, 2016 and the order dated 6th April, 2017, and directed the respondents to hear the petitioner before taking any coercive action. Rule made absolute.
Law Points
- Natural justice
- Right to hearing
- Section 55(1) MRTP Act
- 1966
- Demolition notice
- Encroachment
- Shop and establishment licence
Case Details
WRIT PETITION (L) NO. 1145 OF 2017
Naresh H. Patil, Dr. Shalini Phansalkar-Joshi
Mr. Viral Rathod for the Petitioner, Mr. A.I.I. Patel, Addl. Government Pleader for the State, Ms. Pallavi Thakar for MCGM
Designated Officer, Assistant Engineer (Building and Factory), C-Ward Office; Assistant Municipal Commissioner, C-Ward Office; Municipal Corporation of Greater Mumbai; State of Maharashtra
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Nature of Litigation
Writ petition challenging demolition notice and order under Section 55(1) of MRTP Act, 1966.
Remedy Sought
Quashing of notice dated 27th October, 2016 and order dated 6th April, 2017 for demolition of the petitioner's shop structure.
Filing Reason
The petitioner claimed that the demolition notice and order were issued without proper opportunity of hearing and were arbitrary.
Issues
Whether the demolition notice and order under Section 55(1) of MRTP Act, 1966 were issued in violation of principles of natural justice.
Submissions/Arguments
Petitioner argued that he is the owner of the shop structure, purchased by his father in 1991, and has been in occupation since then with a valid shop and establishment licence.
Petitioner contended that the demolition notice and order were issued without giving him a proper opportunity of hearing.
Ratio Decidendi
A demolition notice under Section 55(1) of the MRTP Act, 1966 must be issued after affording the affected party a proper opportunity of hearing, failing which it violates principles of natural justice and is liable to be quashed.
Judgment Excerpts
By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the Notice dated 27th October, 2016 issued by the Respondent-Municipal Corporation under Section 55 (1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the consequent order dated 6th April, 2017 passed by Respondent No.1-the Designated Officer, Assistant Engineer (Building & Factory) of Mumbai Municipal Corporation for demolition of the subject structure.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India challenging a demolition notice dated 27th October, 2016 and an order dated 6th April, 2017. The court heard the matter and delivered judgment on 25th April, 2017.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 55(1)
- Constitution of India: 226
