Case Note & Summary
The petitioner, Deepak S. Kamble, filed a writ petition under Article 226 of the Constitution of India challenging the demolition of his structures by the Municipal Corporation of Greater Mumbai on 6 October 2017. The petitioner claimed that the structures, admeasuring 2800 sq. ft. on land bearing CTS No.301, were originally constructed by one Mrs. Nalatai L. Nadar and were assessed for non-agricultural purpose by the Tahsildar. The petitioner purchased the structures by an agreement dated 27 August 2009 and used them as a garage. The demolition was carried out without any prior notice or opportunity of hearing, violating due process of law. The petitioner sought a writ of mandamus directing the respondents to reconstruct the demolished structure or alternatively grant permission to reconstruct, with reimbursement of costs. The court noted that on 18 December 2017, the counsel for the respondent Corporation did not dispute that the demolition was carried out without following due process. The respondent argued that the structure was illegally constructed and thus the petitioner was not entitled to relief. The court found that the demolition without due process was established and was in contravention of the law laid down in Sopan Maruti Thopte & Anr. v. Pune Municipal Corporation and Anr. The court directed the Municipal Commissioner to decide the petitioner's representation within four weeks, considering the guidelines in Sopan Maruti Thopte, and to either reconstruct the structure or pay compensation. The petition was disposed of accordingly.
Headnote
A) Municipal Law - Illegal Demolition - Due Process - Section 351 of the Mumbai Municipal Corporation Act, 1888 - Petitioner's structure was demolished by the Municipal Corporation without issuing any notice or following the procedure laid down in Sopan Maruti Thopte v. Pune Municipal Corporation - Court held that the demolition was illegal and in contravention of law, and directed the Corporation to either reconstruct the structure or pay compensation as per the guidelines (Paras 1-6).
Issue of Consideration
Whether the demolition of the petitioner's structure by the Municipal Corporation without following due process of law is illegal and whether the petitioner is entitled to reconstruction or compensation.
Final Decision
The petition is disposed of with directions to the Municipal Commissioner to decide the petitioner's representation within four weeks, considering the guidelines in Sopan Maruti Thopte, and to either reconstruct the structure or pay compensation.
Law Points
- Demolition without notice violates principles of natural justice
- Sopan Maruti Thopte guidelines must be followed
- Municipal Corporation liable for illegal demolition even of unauthorized structures
