The High Court of Bombay dismissed an appeal against a single Judge's order. The court upheld the demolition or restriction of unauthorized construction by the appellant in a compulsory open space, deeming it a brazen act to defeat society members' rights.
Appeal dismissed; order of the learned single Judge was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Appeal (Ld) No. 195 of 2005
in
Writ Petition No. 159 of 2005
K.S.Jhunjunwala ..Appellant
vs.
1. Municipal Corporation of
Greater Bombay and ors. ..Respondents
Shri A.Y.Sakhare i/b Shri S.V.Sadavarte for
appellants.
Shri Vasant Mahadik for respondents.
CORAM: A.P.SHAH &
S.J.VAZIFDAR JJ.
22nd March, 2005
P.C.
1. Heard Advocates.
2. It appears that the appellant’s structure is
not reflected in the city survey plan. It appears
that he has converted the garage tool shed into a
regular construction and he has put up new rooms in
the compulsory open space violating the Development
Control Rules. The area wherein the construction
has been unauthorisedly put up by the appellant is
earmarked in the plan as an open area and no
construction is permissible in the said area. It
appears that the builder has converted the open
space into private area with iron gate to prevent
access to the members of the society. In the
circumstances, the learned single Judge has rightly
described this as a brazen act to defeat the right
of the members of the society to the enjoyment of
the common open space. No interference is,
therefore, called for with the order of the learned
single Judge. Appeal is dismissed.
K.S. Jhunjunwala
Municipal Corporation of Greater Bombay
A.P. Shah
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court