| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1888 Mumbai Municipal Corporation Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Mumbai Municipal Corporation Act, 1888 – ss. 353B and 354 – Demolition of building – Notice issued to Respondent No. 4-housing society u/s. 354 of MMC Act in respect of whole building which was identified as dilapidated and dangerous – The said notice was issued after satisfaction of the Municipal Commissioner in accordance with the provision of s. 354 of MMC Act – An eviction notice was also issued to the appellants for eviction from flat occupied by them – There was an earlier dispute between appellant and society relating to some unauthorised changes in the structure of disputed flat occupied by the appellant – Civil suit filed by the appellant in this regard was dismissed and High Court in appeal directed the parties to maintain status quo – Appellant challenged the two notices issued by the Municipal Corporation – High Court refused to set aside the two notices on the ground that the building was ruinous, dilapidated and dangerous and unfit for human dwelling – On appeal, held: Appellant did not set out anything specific to demonstrate any perversity or manifest illegality in the satisfaction recorded by the Municipal Commissioner – Merely because the Municipal Corporation was made party to proceedings initiated by the appellants against society regarding alterations made in their occupied flat (earlier dispute) would not mean that Municipal Corporation cannot carry out an audit of the structure as a whole, as mandated by law – The satisfaction recorded by the Municipal Commissioner was in accordance with the due procedure prescribed by law and it was not vitiated by any perversity or illegality, thus, there existed no ground to interfere with the impugned notices. |
| Judge | Hon'ble Mr. Justice Krishna Murari |
| Neutral Citation | 2022 INSC 867 |
| Petitioner | Ratilal S. Pujara (since Deceased) Thr. His Lrs. |
| Respondent | Municipal Commissioner, Municipal Corporation Of Greater Mumbai & Ors. |
| SCR | [2022] 16 S.C.R. 200 |
| Judgement Date | 2022-08-25 |
| Case Number | 5825 |
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