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.