Case Note & Summary
The petitioners, M/s. Sunbeam High Tech Developers Private Limited and others, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of their structures by the Municipal Corporation of Greater Mumbai (MCGM) on 28/9/2017 without any prior notice. The petitioners claimed that the structures were originally owned by Raghunath Mahadev Salvi, who had constructed eight residential structures and one larger structure on land at Village Valnai. The property was subsequently sold to Mr. R. Mugum Pariar, then to Sambhaji Dattu Chauvan, and finally the petitioners came into possession. The petitioners were running a restaurant and bar in the structures, holding valid licenses including an eating house license, shop and establishment license, F.L.III license, and Food and Drug Department license. On 9/12/2016, a notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 was issued to the directors of the petitioner firm, which was replied to. The petitioners also obtained documents from the District Inspector of Land Records and City Survey office to establish the long existence of the structures. Despite this, the MCGM demolished the structures on 28/9/2017 without any further notice. The petitioners sought a direction to allow reconstruction of the demolished structures or to permit reconstruction subject to reimbursement of costs. The court, after hearing both sides, held that the demolition without notice was illegal and violative of principles of natural justice. The court directed the respondents to allow the petitioners to reconstruct the demolished structures at their own cost, subject to the petitioners establishing their title and obtaining necessary permissions. The court also directed the respondents to consider the petitioners' representation and not to demolish the structures without following due process of law.
Headnote
A) Municipal Law - Demolition of Structures - Section 351 of the Mumbai Municipal Corporation Act, 1888 - Notice Requirement - The court considered whether demolition of structures without prior notice under Section 351 of the MMC Act is illegal. The petitioners' structures were demolished on 28/9/2017 without any notice. The court held that the demolition without notice is a clear violation of principles of natural justice and the statutory requirement under Section 351 of the MMC Act. (Paras 1-4) B) Constitutional Law - Article 226 of the Constitution of India - Writ Jurisdiction - The court exercised its writ jurisdiction to challenge the demolition action. The court held that the demolition without notice is arbitrary and violative of Article 14 of the Constitution. (Para 1) C) Property Law - Right to Property - Reconstruction of Demolished Structures - The court directed the respondents to allow the petitioners to reconstruct the demolished structures at their own cost, subject to verification of title and compliance with building regulations. (Paras 5-6)
Issue of Consideration
Whether the demolition of structures by MCGM without issuing any notice to the petitioners is violative of principles of natural justice and Section 351 of the MMC Act, and whether the petitioners are entitled to reconstruction.
Final Decision
The court allowed the petition and directed the respondents to allow the petitioners to reconstruct the demolished structures at their own cost, subject to the petitioners establishing their title and obtaining necessary permissions. The court also directed the respondents to consider the petitioners' representation and not to demolish the structures without following due process of law.
Law Points
- Natural justice
- Right to hearing
- Section 351 MMC Act
- Demolition without notice
- Article 226 Constitution of India
