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december 2007

Supreme Court of India · 2007-12-06

M/S Trig Guards Force Ltd vs Maharashtra Indus. Dev. Corpn. & Ors

Citation / case number
2007 AIR SCW 7861
Court
Supreme Court of India
Petitioner
M/S Trig Guards Force Ltd
Respondent
Maharashtra Indus. Dev. Corpn. & Ors
Author
P. Sathasivam
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the Maharashtra Slums Clearance & Improvement Act, 1971, specifically Section 47, protects structures existing before the notified date of 1.1.1995, and that the MIDC's demolition notice failed to comply with the mandatory 30-day notice requirement under Section 53(1) of the MRTP Act. The Court found that the appellant's rights as a lawful owner were disregarded, and the actions of the MIDC were arbitrary and lacked due process. Consequently, the Court set aside the High Court's orders and ruled in favor of the appellant, allowing the appeal.

M/S Trig Guards Force Ltd vs Maharashtra Indus. Dev. Corpn. & Ors · Niyam