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january 2008

Supreme Court of India · 2008-01-04

KASAM ALI MOMIN vs MUNICIPAL CORP. OF GREATER BOMBAY .

Citation / case number
SC 2005/28206
Court
Supreme Court of India
Petitioner
KASAM ALI MOMIN
Respondent
MUNICIPAL CORP. OF GREATER BOMBAY .
Author
O R D E R D.K. JAIN
Bench
G.P. MATHUR & D.K. JAIN

Judgment text excerpt

The Supreme Court dismissed the petitions under Article 136 challenging the Bombay High Court's judgment which upheld the dismissal of the petitioner's suit against the Bombay Municipal Corporation under Section 354-A and Section 351 of the Bombay Municipal Corporation Act. The Court found that the petitioner failed to provide sufficient documentary evidence to prove the legality of his construction prior to the datum line of 1st April 1962, thus affirming the Corporation's notice for demolition. The Court held that the petitioner had no valid claim for injunction against the Corporation's actions.

KASAM ALI MOMIN vs MUNICIPAL CORP. OF GREATER BOMBAY . · Niyam