Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mumbai Municipal Corporation Act (Bom.III of 1988) ss.342 and 351 |
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 Disposed Off |
Headnote | Mumbai Municipal Corporation Act (Bom.III of 1988) – ss.342 and 351 – The Municipal Corporation demolished the structure in exercise of powers vested in it, but in violation of the procedure prescribed – The High Court directed the ‘owner/ occupier’ of the building to reconstruct the demolished structure – Held: The action of demolition without following the procedure prescribed by law is illegal – If a structure is an illegal structure, even though it has been demolished illegally, such a structure should not be permitted to come up again – If the Municipal Corporation violates the procedure while demolishing the building but the structure is totally illegal, some compensation can be awarded and, in all cases where such compensation is awarded the same should invariably be recovered from the officers who have acted in violation of law – However, the illegal structure cannot be permitted to be re-erected – If a structure is a legal structure, it would be prudent to permit the structure to be built in accordance with the existing bylaws – Directions can be issued to the authorities to issue requisite permission for construction of a legal structure within a time bound period of about 60 days – This may vary from case to case depending upon the nature of the structure and the area where it is being built.The Mumbai Municipal Corporation Act (Bom.III of 1988) – Advantage of advancement in technology – Geomapping and 3D visual information – Since the old buildings do not have plans it is difficult to find out whether the construction carried out is actually tenantable repairs or the structures are being constructed / reconstructed for which permission is required – Held: Till the State frames any law in this regard, it is directed that before any construction/reconstruction, or repair not being a tenantable repair is carried out, the owner/occupier/builder/ contractor/architect, in fact all of them should be required to furnish a plan of the structure as it exists – This map can be taken on record and, thereafter, the construction can be permitted – This information should also be in the form of 3D visual information, in the nature of photographs, videos etc – Further, Municipal Corporations directed to get geomapping done where the population is 50 lakhs or more and geo-photography of the areas under their jurisdiction – Once one has the whole city geomapped it would be easy to control illegal constructions. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1193 |
Petitioner | Municipal Corporation Of Greater Mumbai & Ors. |
Respondent | M/s Sunbeam High Tech Developers Private Ltd. |
SCR | [2019] 16 S.C.R. 971 |
Judgement Date | 2019-10-24 |
Case Number | 7627 |
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