Case Note & Summary
The appellants, M/s. B.D. Jogani & Company and its partners, were occupants of premises in Jaywant Industrial Estate, Mumbai. The Municipal Corporation of Greater Mumbai (MCGM) demolished a part of their structure without issuing any prior show cause notice. The appellants challenged the demolition by filing an appeal under Section 351 of the Mumbai Municipal Corporation Act, 1888. The trial court dismissed their application, leading to the present appeal. The key legal issue was whether the demolition without notice violated principles of natural justice. The appellants argued that Section 351 mandates a notice before demolition, while the respondents contended that the structure was unauthorized and demolition was justified. The court analyzed Section 351 and held that it requires the Commissioner to give a notice to the owner or occupier before demolishing any building. Since no such notice was given, the demolition was illegal. The court allowed the appeal, set aside the demolition order, and directed restoration of status quo ante. The court also emphasized that even if the structure was unauthorized, the procedure under the Act must be followed.
Headnote
A) Municipal Law - Demolition - Natural Justice - Section 351 Mumbai Municipal Corporation Act, 1888 - The court considered whether demolition of a structure without prior show cause notice is valid - Held that Section 351 requires a notice to be given before demolition, and failure to do so violates natural justice - The impugned demolition was set aside and status quo ante directed (Paras 1-11).
Issue of Consideration
Whether the demolition of the appellants' structure by the Municipal Corporation without issuing a show cause notice under Section 351 of the Mumbai Municipal Corporation Act, 1888, is violative of principles of natural justice.
Final Decision
Appeal allowed. Impugned order set aside. Demolition declared illegal. Status quo ante directed to be restored.
Law Points
- Natural justice
- Show cause notice
- Demolition without notice
- Section 351 MMC Act
- 1888
- Right to be heard
