Disposed

Shri. Balwant Bhagwan Jorvar v. Committee CHIEF-3 or Sub-Divisional Officer, Madha Sub Division and Ors.

Bombay HC19 Dec 2023WP/8939/2014

Case brief

AI extract

What is this about?

Appeal against rejection of motion challenging a demolition notice under the Mumbai Municipal Corporation Act. Bench adjourned hearing and issued stay pending further instructions. Quality is thin as judgment lists next date only.

What did the court decide?

Stay issued on impugned Notice and speaking Order until 23 January 2024.

Shri. Balwant Bhagwan Jorvar Vs Committee… — Civil Procedure and Limitation | Bombay HC (2023)

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kishor 1/2 909 (19.12.23).docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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APPEAL FROM ORDER (ST.) NO.34470 OF 2023 WITH INTERIM APPLICATION (ST.) NO.34471 OF 2023

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Usha C. Jha …. Appellant Versus Municipal Corporation of Greater Mumbai ...Respondent

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Mr. Pradeep Thorat a/w. Mr. J. S. Yadav for Appellant i/b. B. S. Shukla for Appellant.

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Ms. Tondwalkar for Respondent-MCGM.

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CORAM : SANDEEP V. MARNE, J. DATED : 19 DECEMBER 2023.

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P.C. :

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Heard Mr. Thorat, the learned counsel appearing for Appellant, Ms. Tondwalkar, the learned counsel appearing for Respondent-MCGM. The Notice has been issued by the Municipal Corporation under provisions of Section 314 of the Mumbai Municipal Corporation Act, 1888 ( MMC Act ). The City Civil Court has proceeded to reject the Notice of Motion by holding that since the license of the Municipal Corporation in respect of suit structure is not issued under the provisions of Section 313 of the MMC Act, Notice issued for demolition under Section 313 is valid. Mr. Thorat has invited my

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kishor 2/2 909 (19.12.23).docx

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attention to the Bottleneck Policy formulated by Municipal Corporation by Circular dated 20 March 2017 in respect of structures erected on roads, footpaths, etc. under which, the structures which existed prior to 01 January 2000 are classified into Category-B. The Bottleneck Policy does not make any exception in respect of structures where Section 313 license is not issued by the Municipal Commissioner. Prima facie therefore it appears that even the structures on the road and footpath, for which the Municipal Commissioner has not issued license under Section 313 of the MMC Act, are covered by the Bottleneck Policy dated 20 March 2017.

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Therefore it is difficult to hold that in every case of absence of license under Section 313 of the Act Notice under Section 314 can be issued through the structure is eligible for protection and rehabilitation under the Bottleneck Policy dated 20 March 2017. Ms. Tondwalkar seeks time to take instructions

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List the Appeal for further consideration on 23 January 2024. Till the next date of hearing, the Municipal Corporation shall not act on the impugned Notice and the speaking Order.

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SANDEEP V. MARNE, J.

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Digitally signed KISHOR by KISHORVISHNU VISHNU KAMBLE KAMBLE Date:2023.12.20 02:38:26 +0530

Shri. Balwant Bhagwan Jorvar v. Committee CHIEF-3 or Sub-Divisional Officer, Madha Sub Division and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Balwant Bhagwan Jorvar v. Committee CHIEF-3 or Sub-Divisional Officer, Madha Sub Division and Ors.

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

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