M/S. Akshar Properties v. Municipal Commissioner, Municipal Corporation of Greater Mumbai and Ors.
Case brief
What is this about?
The High Court of Bombay held that disputes concerning the structural status of a building are more appropriately decided by the Civil Court. The writ petition was disposed of by granting liberty to the petitioner to approach the Civil Court, despite the bar under Section 515A of the MMC Act not applying to challenges under Section 354. An earlier ad-interim order continues for six weeks.
What did the court decide?
Liberty granted to the petitioner to adopt a remedy before the Civil Court.