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january 2009

Supreme Court of India · 2009-01-23

PRAKASH HARICHANDRA MURANJAN vs MUMBAI METROPOLITAN R.D.AUTHORITY

Citation / case number
SC 2006/33681
Court
Supreme Court of India
Petitioner
PRAKASH HARICHANDRA MURANJAN
Respondent
MUMBAI METROPOLITAN R.D.AUTHORITY
Author
GANGULY
Bench
ARIJIT PASAYAT,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court upheld the decision of the High Court which affirmed the City Civil Court's rejection of the Appellant's application for injunction, citing the lack of evidence to establish the existence of the suit structures prior to 1962 as required under Section 351 of the Mumbai Municipal Corporation Act. The Court emphasized that the Appellant failed to produce any sanctioned plan or credible documentary evidence linking the assessment documents to the suit structure, thus not establishing a prima facie case for injunction. The Court's holding confirmed the lower courts' findings and denied the Appellant's claims.

PRAKASH HARICHANDRA MURANJAN vs MUMBAI METROPOLITAN R.D.AUTHORITY · Niyam