Petitioner challenged notification declaring a private road as public under MMC Act. Court accepted MCGM's compliance assertion unless contradicted. Petition disposed keeping compensation quantum open.
Petition disposed of keeping questions regarding compensation, its quantum and apportionment open.
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.
17-WP-2279.2015.doc
suresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2279 OF 2015
Onkar Industrial Premises Co-op. Society Ltd. .... Petitioner Vs. Municipal Corporation of Greater Mumbai & Others .... Respondents
Mr. Surel Shah with Mr. Vaibhav A. Singh for the Petitioner. Ms Vandana Mahadik for the Respondent-MCGM. Mr. Devansh Bheda i/by Purnanand & Co. for Respondent No.4.
CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ. DATE : SEPTEMBER 03, 2019
P.C:
Page 1 of 2
suresh 17-WP-2279.2015.doc
declared as a public street in terms of Section 291(b) of the Mumbai Municipal Corporation Act, 1888 (“ MMC Act ”). The manner in which the Municipal Corporation has proceeded and in compliance with the law, is set out in details. The assertion is that, after following the due process of law a private road is declared as a public road and Section 291(b) of the MMC Act has been invoked in that regard. To our mind, once the Municipal Corporation has complied with the law and when there is nothing stated to the contrary, then the assertion of the petitioner that the subject road is a private road, cannot be accepted. In fact, on the strip of the road being handed over to the Municipal Corporation, certain benefits will be given to the owner of that portion of the land. If the petitioner is not the owner, then, the petitioner will have to demonstrate its interest in the property so as to claim compensation/enhanced compensation.
(G.S. PATEL, J.) (S.C. DHARMADHIKARI, J.)
Page 2 of 2
2 issues framed by the court
Whether the notiflcation declaring a private road as a public road under Section 291(b) of the MMC Act is in order.
Who has the right to claim compensation anj increased compensation if the road is declared public.
2 provisions across 2 enactments
Onkar Industrial Premises Co-op. Society Ltd.
Municipal Corporation of Greater Mumbai
Others
S.C. Dharmadhikari
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
