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april 2012

Supreme Court of India · 2012-04-09

Mun.Corp.Of Gr.Mumbai vs Thomas Mathew & Ors

Court
Supreme Court of India
Petitioner
Mun.Corp.Of Gr.Mumbai
Respondent
Thomas Mathew & Ors
Author
P. Sathasivam
Bench
P. Sathasivam, J. Chelameswar

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the trial court's decree that declared the notice issued under Section 314 of the Mumbai Municipal Corporation Act, 1888, illegal, allowing the respondents to reconstruct their demolished structure. The Court emphasized that the Corporation's actions must align with statutory provisions and public interest, reiterating the principle that unauthorized demolition without due process is impermissible. The appeal by the Corporation was dismissed, affirming the rights of the respondents to rebuild their property.

Mun.Corp.Of Gr.Mumbai vs Thomas Mathew & Ors · Niyam