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august 1971

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.

MUNICIPAL CORPORATION FOR GREATER BOMBAY AND ANR. vs ADVANCE BUILDERS (INDIA) PVT. LTD. & OTHERS · Niyam