Dismissed

Mr. Rajesh Manohar Patil and Others v. the Municipal Corporation for Greater Mumbai

Bombay HC17 Aug 2011AO/477/2011

Case brief

AI extract

What is this about?

The appellant challenged a notice under Section 354A of the MMC Act issued for unauthorized construction of a commercial premise from residential. The Court held the notice proper and refusal of injunction valid as construction began without permission. Dismissal followed.

What did the court decide?

Notice under Section 354A of the MMC Act upheld; refusal of injunction order affirmed; appeal dismissed.

Mr. Rajesh Manohar Patil and Others Vs the Municipal… — Landlord and Tenant | Bombay HC (2011)

¶1

(1) (912) AO 477/11

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

¶3

Amk

¶4

 APPEAL FROM ORDER NO. 477 OF 2011

¶5

Rajesh Manohar Patil & Ors... Appellants
Vs.

¶6

The Municipal Corporation of
Gr. Mumbai

¶7

.. Respondent

¶8

Mr. R. R. Sharma for the Appellants.
Ms. K. K. Soran for the Respondent.

¶9

CORAM : MRS. ROSHAN DALVI, J. Date : 17th August, 2011.

¶10

P.C.

¶11

The Appellants, who are the Plaintiffs in the
original Suit, applied for relief against the notice
issued under Section 354A of the MMC Act by the
Respondent Corporation. The notice came to be issued
in view of the construction sought to be put up which
was not authorized. The Appellants’ case itself shows
that they applied for permission for change of user of
a residential premises into a commercial premises.
The Appellants want to change the door and put up
certain partition. The Appellants sent a plan with
the application. The Appellants cannot start
construction until the permission is granted.
Nevertheless the construction was started. Hence
admittedly it is unauthorizedly constructed. It
cannot be permitted. The notice is proper.
Consequently the refusal of injunction order is
proper. Hence the Appeal is dismissed.

¶12

(ROSHAN DALVI, J.)

Mr. Rajesh Manohar Patil and Others v. the Municipal Corporation for Greater Mumbai

Case brief

What is this about?

What did the court decide?

Mr. Rajesh Manohar Patil and Others v. the Municipal Corporation for Greater Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr. Manoj Lakulal Chaurasia Vs Mr. Ramesh Lakulal Chaurasia

Ranibai Yashwant Bhadake and Ors. Vs Sudam Yashwant Bhadake and Ors.

Mr. Mevalal Amarnath Yadav and Ors. Vs Smt. Sonali Mule and Ors.

M/S. Vrunda'S Construction Co. Vs Municipal Corporation of Greater Mumbai

M/S. Vrunda'S Construction Co. Vs Municipal Corporation of Greater Mumbai

Deepak Kirtilal Mepani Vs Milind Gopalrao Gujarati