Search Results for "Section 351 Mumbai Municipal Corporation Act"

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Supreme Court Allows Appeal in Municipal Demolition Case — High Court Cannot Direct Reconstruction of Demolished Structure. The court held that the power to demolish illegal structures is vested in the municipal corporation and courts cannot direct reconstruction even if procedure was violated.

The case involves appeals by the Municipal Corporation of Greater Mumbai against a High Court order directing reconstruction of a demolished structure...

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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 Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...

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Bombay High Court Dismisses Challenge to Section 515A of Mumbai Municipal Corporation Act, 1888 Barring Civil Suits Against Demolition Orders. Provision held constitutionally valid as it does not oust writ jurisdiction and provides adequate alternative remedy.

The petitioner, Abdul Razzaq Sunesra, challenged the constitutional validity of Section 515A of the Mumbai Municipal Corporation Act, 1888, inserted b...

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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 Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...

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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...