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april 2012

Supreme Court of India · 2012-04-09

MUN.CORP.OF GR.MUMBAI vs THOMAS MATHEW .

Citation / case number
SC 2011/35160
Court
Supreme Court of India
Petitioner
MUN.CORP.OF GR.MUMBAI
Respondent
THOMAS MATHEW .
Author
P. Sathasivam
Bench
J. CHELAMESWAR P. SATHASIVAM

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Civil Judge's order 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 public authorities must act within the bounds of law and cannot arbitrarily demolish structures without due process. The appeal by the Municipal Corporation of Greater Mumbai was dismissed, confirming the rights of the respondents to rebuild their property.

MUN.CORP.OF GR.MUMBAI vs THOMAS MATHEW . · Niyam