LexMUNICIPAL CORPORATION OF GREATER MUMBAI & ORS. versus M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.
v.
M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD.
(Civil Appeal No.7627 of 2019)
OCTOBER 24, 2019
[DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.]
Mumbai Municipal Corporation Act (Bom.III of 1988) –
ss.342 and 351 – The Municipal Corporation demolished the
structure in exercise of powers vested in it, but in violation of the
procedure prescribed – The High Court directed the ‘owner/
occupier’ of the building to reconstruct the demolished structure –
Held: The action of demolition without following the procedure
prescribed by law is illegal – If a structure is an illegal structure,
even though it has been demolished illegally, such a structure should
not be permitted to come up again – If the Municipal Corporation
violates the procedure while demolishing the building but the
structure is totally illegal, some compensation can be awarded and,
in all cases where such compensation is awarded the same should
invariably be recovered from the officers who have acted in violation
of law – However, the illegal structure cannot be permitted to be re-
erected – If a structure is a legal structure, it would be prudent to
permit the structure to be built in accordance with the existing by-
laws – Directions can be issued to the authorities to issue requisite
permission for construction of a legal structure within a time bound
period of about 60 days – This may vary from case to case depending
upon the nature of the structure and the area where it is being built.
The Mumbai Municipal Corporation Act (Bom.III of 1988) –
Advantage of advancement in technology – Geomapping and 3D
visual information – Since the old buildings do not have plans it is
difficult to find out whether the construction carried out is actually
tenantable repairs or the structures are being constructed /
reconstructed for which permission is required – Held: Till the State
frames any law in this regard, it is directed that before any
construction/reconstruction, or repair not being a tenantable repair
is carried out, the owner/occupier/builder/ contractor/architect, in
[2019] 16 S.C.R. 971
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SUPREME COURT REPORTS
[2019] 16 S.C.R.
fact all of them should be required to furnish a plan of the structure
as it exists – This map can be taken on record and, thereafter, the
construction can be permitted – This information should also be in
the form of 3D visual information, in the nature of photographs,
videos etc – Further, Municipal Corporations directed to get
geomapping done where the population is 50 lakhs or more and
geo-photography of the areas under their jurisdiction – Once one
has the whole city geomapped it would be easy to control illegal
constructions.
Disposing of the appeals, the Court
HELD: 1. The main dispute is with regard to the 2nd
direction in Sopan Maruti Thopte and Another v. Pune Municipal
Corporation and Another which provided that demolition of the
building structure can be done only after giving 15 days’ notice
to the affected person. [Para 10] [985-B]
2. It was pointed out by the respondents that the second
direction in Sopan’s case requiring 15 days’ notice to be given to
the affected person before demolition of the structure, is still
valid and, therefore, 2 notices are required to be given viz.,(i) a
show cause notice of 7 days in terms of Section 351 (1A) of the
Mumbai Municipal Corporation Act [Bom. III of 1888] and; (ii)
notice of 15 days in terms of Sopan’s case. It is also submitted
that the judgment in Sopan’s case holds the field till date, and
this Court agrees with the respondent that in terms of direction
no.2 in Sopan’s case, 15 days’ notice has to be given before
demolishing the structure. This Court is not oblivious to the fact
that Sub-section (2) of Section 351 does not lay down any timeline
in this regard. It was in this context that when no timelines were
laid down either for show cause notice or for demolition that the
Bombay High Court in Sopan’s case, fixed two timelines of 15
days each for issuing show cause notice and, thereafter, to take
action of demolition. The Legislature intervened and the first
period has been curtailed from 15 days to 7 days but the second
direction has not been interfered with by the Legislature.
Therefore, that judgment continues to hold the field in this regard.
[Para 12] [985-D-G]
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3. This Court does not approve the action of the Municipal
Corporation or its officials in demolisExcerpt shown. Read the full judgment & AI analysis in Lexace.