| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | s. 312 and 314(1) 1888 art 226 Mumbai Municipal Corporation Act right and a corresponding duty |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Mumbai Municipal Corporation Act, 1888 (3 of 1888) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Mumbai Municipal Corporation Act, 1888:s. 312 and 314(1) – Removal of stalls/structures by the appellant-Municipal Corporation – Challenged by the respondents by filing writ petition – High Court allowed the petition setting aside the order of the appellant-Corporation and issued Writ of Mandamus directing the Corporation to provide each respondent suitable land in the same or adjacent area – On appeal, held: s. 312 prohibits erection of any structure without permission of the Corporation upon any street, open channel, drain, well or tank in any street which causes obstruction or encroachment etc.– s. 314(1) empowers removal of any structure in contravention of the provision in s. 312(1)after coming into force of Extension of Limits Act, 1950 and Further Extension of Limits Act, 1956 – In the present case, removal of the structures erected by the respondents was on invoking power u/s.314, as the structure were in contravention of the provisions in s.312 – A writ of mandamus u/Art. 226 of the Constitution is issued where there is a right and a corresponding duty – In the present case there was neither a right (contractual or legal) nor any provision casting an obligation to provide any alternate land, hence High Court was not justified in issuing Writ of Mandamus –Constitution of India – Art. 226 – Writs – Writ of Mandamus –Bombay Municipal (Extension of Limits) Act, 1950 – Bombay Municipal [Further Extension of Limits and Schedule BBA(Amendment)] Act, 1956. |
| Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
| Neutral Citation | 2019 INSC 221 |
| Petitioner | Municipal Corporation Of Greater Mumbai & Ors. |
| Respondent | Rafiqunnisa M. Khalifa (deceased) Through His Legal Heir Mr. Mohd. Muqueen Qureshi & Anr. |
| SCR | [2019] 3 S.C.R. 1036 |
| Judgement Date | 2019-02-18 |
| Case Number | 1727 |
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