SAILAPPAN SODALAI MUTHU vs THE MUNICIPAL CORPORATION OF GREATER MUMBAI

Judgment text excerpt

38-FA-653-2011.doc rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.653 OF 2011 WITH CIVIL APPLICATION NO.2893 OF 2011 Sailappan Sodali Muthu Age: 54 Occupation: Business Adult, Mumbai Inhabitant, residing at Plot No.201, Gauri Nagar, Gorai Khadi, L. T. Road, Borivali (W) Mumbai 400 092 … Appellant (Org. Plaintiff) Versus The Municipal Corporation Of Greater Mumbai A Corporation duly incorporated under The Bombay Corporation Act, 1888 Having its head office at Mahapalika Bhavan, Mahapalika Marg, Mumbai 400 001 ...Respondent ( Org. Defendants) _____________________________________________________ Mr. Pradeep J. Thorat i/b Mr. P. B. Gujar for the Appellant. Ms. Pallavi Khale i/b. Ms. Komal Punjabi for Respondent No.1. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 20 JANUARY 2026 JUDGMENT: 1. This appeal is filed challenging the order passed by the City Civil Court on 23 February 2011 whereby notice issued under Section 314 of Digitally signed by RAJESHWARI the Mumbai Municipal Corporation Act, 1888 (MMC Act) was held to RAJESHWARI SUBODH SUBODH KARVE KARVE Date: 2026.01.23 13:47:58 +0530 be valid and it was held that the structure in respect of which the notice 1 of 5 38-FA-653-2011.doc was issued was situated on the dumping ground belonging to the Corporation. 2. The appellant-plaintiff in the plaint had prayed that the impugned notice under Section 314 of the MMC Act dated 28 April 2008 is illegal, bad in law, null and void. 3. The scanned copy of the impugned notice is reproduced hereunder:----- 2 of 5 38-FA-653-2011.doc 4. Section 314 of the MMC Act empowers the Commissioner to remove without notice anything erected, deposited or hawked in contravention of Sections 312, 313 or 313A of