Supreme Court of India · 1971-08-25
MUNICIPAL CORPORATION FOR GREATER BOMBAY AND ANR. vs ADVANCE BUILDERS (INDIA) PVT. LTD. & OTHERS
- Citation / case number
- SC 1970/60275
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPORATION FOR GREATER BOMBAY AND ANR.
- Respondent
- ADVANCE BUILDERS (INDIA) PVT. LTD. & OTHERS
- Bench
- PALEKAR, D.G.
Judgment text excerpt
The Supreme Court held that under Section 51(3) of the Town Planning Act, 1954, the final town planning scheme has the same effect as an enactment, obligating the local authority to remove unauthorized structures. The Court affirmed that the local authority must act to evict occupants contravening the scheme as per Section 54 and remove any buildings in violation under Section 55(1)(a). The appeal was dismissed, upholding the High Court's issuance of a writ of mandamus to enforce compliance with the town planning scheme.