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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

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Bombay High Court Allows Petition Challenging Demolition of Bungalow Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. Demolition Without Prior Notice and Opportunity of Hearing Held Illegal and Violative of Natural Justice.

The petitioners, M/s Asian Rubber Works and another, filed a writ petition under Article 226 of the Constitution of India challenging the illegal demo...

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Bombay High Court Allows Revision Against Municipal Corporation's Demolition Notice for Lack of Proper Hearing Under MMC Act. Court Holds That Show-Cause Notice Must Be Served on All Occupiers and That Demolition Without Considering Objections Violates Principles of Natural Justice.

The case involves a civil revision application filed by the applicant, who is the trustee of Jaliwali Masjid and Arbi Madarsa, along with other indivi...

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Bombay High Court Dismisses Petition of Tenants Challenging Demolition of Dilapidated Building. Court upholds eviction and demolition orders based on structural safety reports and compliance with statutory procedures under Section 354 of MMC Act, 1888 and Section 22 of MHADA Act, 1976.

The petitioners, residents of Building No. 12 in Mathuradas Colony, Kalina, Mumbai, filed a writ petition challenging the demolition order issued by t...

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Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of MMC Act and DCR 33(7) — Held that Municipal Corporation must follow statutory procedure before demolition of dilapidated buildings.

The petitioners, tenants residing in a cessed building known as Martand Prasad Building in Malad (West), Mumbai, filed a writ petition challenging the...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...