Court Orders Corporation to Explain High-Handed Actions and Warns of Possible Reconstruction
In a significant judgment, the Bombay High Court has criticized the Municipal Corporation of Greater Mumbai for its unauthorized demolition of a structure belonging to Ashok Mahadev Kule, a resident of Malad (W), Mumbai. The demolition was conducted without adhering to due process or providing a personal hearing to the plaintiff, as mandated by the principles of natural justice and the Corporation's own guidelines.
The case, titled "Ashok Mahadev Kule v. Municipal Corporation of Greater Mumbai," was heard by Justice Milind N. Jadhav. The court slammed the Corporation for demolishing the premises within a mere 13 days of issuing a statutory notice under Section 351 of the Mumbai Municipal Corporation Act, 1888, alleging unauthorized construction. The plaintiff had submitted a detailed reply to the notice, but the Corporation proceeded with the demolition without considering the substantial documentary evidence presented, which demonstrated the existence and legality of the structure.
The court highlighted the Corporation's blatant disregard for its circular guidelines, which require a show-cause notice and an opportunity for a personal hearing before carrying out demolitions. Justice Jadhav noted that the Corporation's actions appeared to be driven by extraneous considerations, possibly influenced by interested developers.
The judgment directed the Corporation to file an affidavit explaining the reasons for its arbitrary conduct and the disregard for prescribed timelines. The court warned that if a satisfactory explanation is not provided, it may order the reconstruction of the demolished structure and penalize the officers involved.
In his submissions, Advocate Mr. Janay Jain, representing the appellant, argued that the demolition was conducted with alarming haste and without due process. He pointed out that the suit premises had been in existence for over five decades and were documented as a censused structure. Despite overwhelming evidence proving the legality of the structure, the Corporation acted arbitrarily, disregarding the plaintiff's request for a personal hearing due to a bereavement in the family.
The court has issued a notice to the Corporation, returnable on June 18, 2026, and directed the Deputy Municipal Commissioner to file an affidavit detailing the reasons for the hasty demolition. The Municipal Commissioner is also required to ensure compliance with the court's directions.
This judgment serves as a stern reminder to municipal authorities to adhere to due process and uphold the principles of natural justice, especially in cases involving the demolition of longstanding structures.
Bottom line:-
Unauthorized demolition by Municipal Corporation - High-handed action without following due process - Corporation directed to file an affidavit explaining reasons for disregard of prescribed timelines and denying principles of natural justice.
Statutory provision(s): Mumbai Municipal Corporation Act, 1888 Section 351
