Case name: V Sridharan v Brihanmumbai Municipal Corporation
Case Number: WP No. 30813 of 2023
Date: 2.11.2023
Coram: G.S Patel Kamal Khata, JJ
Introduction
The Bombay High Court stayed order passed by municipal corporation of greater mumbai for removal of merged office space of advocate.
Facts of the case
This petition was filed under Article 226 of the Constitution of India, challenging a notice dated 2nd October 2023, passed by the respondent, the Executive engineer of the Municipal Corporation of Greater Mumbai. The order was passed directing the petitioner who is a practicing senior advocate to restore remove or demilish the unauthorized merging of a niche area into his office.
The petitioner has claimed that the order was passed without any notice, and it is a non speaking order that does not address the means of the case. It is also pointed out that the MCGM has examined the building three times in the past and has not raised an issue before.
Court’s analysis:
The court allows the hearing saying that they are constantly faced with petitions filed because of illegal construction going on in broad daylight. The court cited the case of Kamla Industrial parks v MCGM where a similar issue was reported. Other than the issuance of a stop worl notice, no further action was taken. The court finds this problematic as in most cases there are large scale illegalities which affect the adherence of law and general town planning.
The court stayed impugned notification, and directed the Corporation to stay the notice and not take any action until further orders
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Written by: Radhika Shekhawat
