Allowed

Mr.Rajan Babulal Mehta v. the Municipal Commissioner

Bombay HC2 May 2005CAA/400/2005

Case brief

AI extract

What is this about?

This court granted interim relief staying the demolition of a suit structure under Section 351 of the BMC Act. The court held that since the property falls within a declared slum area, no specific declaration was needed. Relief was conditioned on the appellant filing an undertaking to create no third-party interests and refrain from unauthorized alterations.

What did the court decide?

Stayed demolition of the suit structure subject to appellant filing an undertaking within six weeks not to create third party interests or carry out unauthorized additions/alterations.

Mr.Rajan Babulal Mehta Vs the Municipal… — Municipal and Town Planning | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 CIVIL APPLICATION NO.400 OF 2005

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IN

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A.O.NO.379 OF 2005

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IN

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NOTICE OF MOTION. 702 OF 2005

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 Rajan Babulal Mehta .. Applicant
 vs.

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 The Municipal Corporation
 & Others .. Respondents

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 Mr.S.R.Mishra for the Appellant.

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 Ms.Geeta Joglekar for the Respondents.

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CORAM : A.S.OKA, J.
DATED : 2nd May, 2005.
P.C. :

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 1. Rule. Respondents waive service. In reply

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 to the notice under Section 351 of the Mumbai

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 Municipal Corporation Act, 1888, the Appellant had
 contended that the suit structure was in existence

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 prior to the year 1985. It was contended that the
 structure needs to be protected in accordance with
 policy of the Respondents. It is also stated in the
 reply by the Appellant that the structure was
 situated in the ] area which is declared as slum

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 area.

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 2. Prima facie the learned trial Judge has
 committed an error by holding that there is no
 declaration granted under the Maharashtra Slum Areas
 (Improvement, Clearance and Redevelopment) Act, 1971
 in respect of the property bearing CTS No.39. The
 Notification which is placed on record shows that
 the entire CTS No.39 is declared as a slum. Thus, a
 case for grant of interim relief is made out. Till
 the final disposal of the appeal, the suit structure
 shall not be demolished on the basis of the impugned
 Notice Under section 351 of the Bombay Municipal
 Corporation Act, 1888 subject to the condition of
 the Appellant filing in this Court an undertaking in
 writing within a period of six weeks from today
 stating therein that he will not create any third
 party interests in respect of the suit structure and
 that he will not carry out any additions or
 alterations to the the suit structure without the
 permission of Respondent No.1.

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 3. If the undertaking is not filed within the
 stipulated time, the interim relief granted will
 stand vacated automatically.

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 4. Civil Application stands disposed of in
 above terms.

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 5. Parties to act on the authenticated copy of
 this order.

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 (A.S. Oka, J.)

Mr.Rajan Babulal Mehta v. the Municipal Commissioner

Case brief

What is this about?

What did the court decide?

Mr.Rajan Babulal Mehta v. the Municipal Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

Coram

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