LexM/S TRIG GUARDS FORCE LTD. versus MAHARASHTRA INDUS. DEV. CORPN. & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A MIS TRIG GUARDS FORCE LTD. V. MAHARASHTRA INDUS. DEV. CORPN. & ORS. DECEMBER 6, 2007 B [DR. ARIJIT PASAYAT AND P. SATHASIVAM,JJ.] Urban Development: C Maharashtra Slums Clearance & Improvement Act, 1971: Commercial structures/shops in slum area-Demolition of- Jssuance of notice by the authority to demolish shops allegedly without following mandatory requirements in terms of provisions under MRTP Act-Order for demolition passed by the authority-Challenge to- D Dismissed by High Court-On appeal, Held: The main grievance of appellant-company was that they were not aware of the materials relied on by the High Court-Under the circumstances it would be appropriate to remand the matter to High Court for disposal afresh- Direction issued-Monopolies and Restrictive Trade Practices Act- E Ss. 52 and 53. Appellants' case was that they constructed commercial structures consisting of shops in a slum area; one of their shop, a single storey structure was in existence long before the notified date F fixed for protecting existing structures under the Maharashtra Slums Clearance & Improvement Act, 1971; respondent No.3, authority, wanted to evict the appellant-tenant from the said shop with ulterior motive and malafide intention in order to give respondent No.4, a Hotel, direct access, on the Highway; respondent No.3 camouflaged a notice to demolish the structure on non-existing grounds without G fulfilling the mandatory requirement of at least 30 days notice as required under Section 53(1) of the MRTP Act and without conducting any enquiry as to whether there existed any ground under Section 52(1) ofMRTP Act to demolish the structure, directed the H 1044 ) TRJGGUARDSFORCELTD. v. MAHARASHTRAINDUS. 1045 DEV.CORPN. appellant to demolish the structure/shop. The writ petition filed by A the appellant challenging the action of the authority was dismissed by the High Court; Review Petition filed by the appellant was also dismissed by the High Court; In the meantime, an order was passed by the authority providing respondent No.4 access on the main Highway after demolishing the shop/shops. The appellant B approached the High Court by filing another writ petition, which was dismissed by the Division Bench of the High Court. Hence, the present appeals. Disposing of the appeals, the Court HELD: 1.1. Inasmuch as the main grievance of the appellant was with regard to the orders passed by the High Court based on the plans produced by MIDC and the appellant was not aware of those materials which were relied on by the High Court, the matter c is remanded to the High Court. Since the issue relates to demolition D of structures and in the light of assertion of the appellant, ends of justice would be met by fresh disposal after affording opportunity to all the parties. [Para 7) (1049-A, BJ on th~·!~!~~ ~~~;:e:yt~:! ~h~~~;:: !:~:~: ::~~e:~:dr:~~::!::t~ E including MIDC. [Para 7) (1049-B] CIVIL APPELLATE JURJSDICTION: Civil Appeal Nos. 984- 986 of2005. From the final Judgment and Order dated l.8.2002 and 22. l.2003 F of the High Court of Judicature at Bombay in W.P. No. 3997/2002 and R.P. No. 98/2002 in W.P. No. 3997/2002 respectively. Dr. Raj iv Dhawan, Sushi! Kumar Jain, Puneet Jain, H.D. Thanvi, Piyush Jain and Prathibha Jain for the Appellant. G Shyam Divan, Shruti Choudhury, Jayasree Singh, V.N. Raghupathy, Gagan Sanghi and Rameshwar Prasad Goyal (for Mis. Fox Manda! & Co.) for the Respondents. The Judgment of the Court was delivered by H 1046 SUPREME COURT REPORTS [2007] 12 S.C.R. A P. SATHASIVAM, J. (1) M/s Trig Guards Force Ltd., New Bombay, aggrieved by the order dated 1.8.2002 passed in Writ Petition No. 3997 of 2002, Order dated 22.1.2003 passed in Review Petition No. 98 of2002 in W.P. No. 3997 of2002 and Order dated 17.2.2003 passed in Writ Petition No. 864 of2003 by the High Court of Judicature B at Bombay, has filed the above appeals by way of special leave petitions. (2) Brief facts are as follows: According to the appellant, they constructed commercial structures consisting of nearly 50-60 shops in a slum area known as Turbhe Slum, C Turbhe Village facing Thane-Belapur Highway Road. One of their shops bearing No. 6104 was a single storey building/structure built in and was in existence long before 1.1.1995 i.e., the notified date fixed for protected structures under the Maharashtra Slums Clearance & Improvement Act, 1971 (hereinafter referred to as "the
Excerpt shown. Read the full judgment & AI analysis in Lexace.