Case Note & Summary
The case involves a civil revision application filed by the applicant, who is the trustee of Jaliwali Masjid and Arbi Madarsa, along with other individuals, against the Municipal Corporation of Greater Mumbai and others. The dispute arose from a demolition notice issued by the Municipal Corporation under Section 351 of the Mumbai Municipal Corporation Act, 1888, for alleged unauthorized construction. The applicants contended that the notice was not served on all occupiers and that their objections were not considered before the demolition order was passed. The court examined the procedural requirements under Section 351, which mandates that the Commissioner must give a reasonable opportunity of being heard to all persons likely to be affected by the demolition. The court found that the Corporation had failed to serve the show-cause notice on all occupiers and had not properly considered the objections raised. The court held that the demolition order was in violation of principles of natural justice and set aside the impugned order, remanding the matter back to the Corporation for fresh consideration after giving proper notice and hearing to all concerned parties.
Headnote
A) Municipal Law - Demolition of Structure - Show-Cause Notice - Section 351 of Mumbai Municipal Corporation Act, 1888 - The court considered whether the demolition order was valid when notice was not served on all occupiers and objections were not considered - Held that the Corporation must serve notice on all occupiers and consider objections before demolition, otherwise the order is violative of natural justice (Paras 5-10).
Issue of Consideration
Whether the impugned order of demolition passed by the Municipal Corporation without serving show-cause notice on all occupiers and without considering objections is sustainable in law.
Final Decision
The court allowed the civil revision application, set aside the impugned demolition order, and remanded the matter to the Municipal Corporation for fresh consideration after giving proper notice and hearing to all occupiers.
Law Points
- Natural justice
- Show-cause notice
- Demolition
- Municipal Corporation
- Occupiers
- Hearing
- Section 351 of Mumbai Municipal Corporation Act
- 1888
