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.