Sea Face Park Chs Limited Thr. Its Secretary Mr. Udayan Dileep Choksi v. Designated Officer, Executive Engineer (Building and Factory) D-Ward and Another
Case brief
What is this about?
Sea Face Park CHS Ltd v BMC; Appeal From Order No.174 of 2024; Section 351 Mumbai Municipal Corporation Act 1988 notice alleging unauthorised construction / change of use (garage to residence) in housing society; complaint-driven enforcement; no reference to inspection of sanctioned plan in notice or speaking order; corporation's circular dated 4 June 2013 guidelines not confirmed as followed; affidavit of authorised representative with undertaking to remove toilet and kitchen platform within ten weeks; interim stay of coercive/demolition action; direction to file affidavit of issuing officer on decision-making and inspection; Gauri Godse J; Bombay HC Civil Appellate Jurisdiction; next hearing date 20 June 2025.
What did the court decide?
Interim directions (final hearing pending): society's undertakings accepted and ten weeks granted to remove the toilet and kitchen platform construction; interim stay of coercive implementation of the impugned Section 351 notice and speaking order until further orders, subject to the society's affidavit; society restrained from further construction and from residential use of the offending structure; corporation to file the issuing officer's affidavit within six weeks; appeal listed for recording compliance and further hearing on 20th June 2025.