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october 2019

Supreme Court of India · 2019-10-24

MUNICIPAL CORPORATION OF GREATER MUMBAI vs M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD

Citation / case number
SC 2018/22346
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF GREATER MUMBAI
Respondent
M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD
Author
HON'BLE MR. JUSTICE DEEPAK GUPTA
Bench
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE DEEPAK GUPTA

Judgment text excerpt

The Supreme Court ruled that municipal corporations must adhere to prescribed procedures when demolishing structures under Section 351 of the B.M.C. Act and Section 260 of the B.P.M.C. Act. The Court emphasized that the exercise of demolition powers must be fair and transparent, balancing private interests with public welfare. It held that if a corporation fails to follow due process, it cannot direct the owner to reconstruct the demolished structure, thereby reinforcing the importance of legal compliance in municipal actions.

MUNICIPAL CORPORATION OF GREATER MUMBAI vs M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD · Niyam