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.