01Facts
The Petitioners, occupants of an industrial shed at Bharat Coal Compound, Kurla (West), challenged seven notices dated 22nd December 2022 and seven speaking orders dated 10th March 2023 issued by the Brihanmumbai Municipal Corporation (BMC).
¶ 1The Petitioners contended that the structure is a "tolerated structure" existing prior to the datum line of 1st April 1962, citing assessment records and repair permissions granted in 1993.
¶ 2, 3.2, 3.3The BMC issued demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888, asserting that the structure is unauthorized.
¶ 3.1The BMC countered that "Tikka Sheets" and City Survey (MR) plans indicated the plot was vacant or showed no hatched structures (indicating legality) at the time of the datum line.
¶ 4.102Issues
i.1. Whether the subject structure existed prior to the datum line of 1st April 1962 and thus qualifies for protection from demolition.
¶ 6ii.2. Whether the speaking orders passed by the BMC were beyond the scope of the Show Cause Notices or were otherwise perverse.
¶ 3.1, 8iii.3. Whether subsequent repair permissions granted by the Municipal Corporation serve as conclusive evidence of the legality of an unauthorized structure.
¶ 1603Law Applied
The court applied Section 351 of the Mumbai Municipal Corporation Act, 1888, regarding the demolition of unauthorized structures.
¶ 3.1It relied on the principle from UMC Technologies Pvt. Ltd. v. Food Corporation of India that notices must specify grounds to allow for a reasonable hearing.
¶ 3.1Crucially, the court applied the doctrine "illegality is incurable," as established in Shanti Sports Club v. Union of India [(2009) 15 SCC 705] and reaffirmed in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad [2024 SCC OnLine SC 3767], which mandates that unauthorized constructions must be removed regardless of occupant identity.
¶ 9, 10It further cited Kaniz Ahmed v. Sabuddin [2025 SCC OnLine SC 995] to emphasize that courts must not engage in judicial regularization of illegal buildings.
¶ 10.1Provisions in the judgment · 1 · Linked ones open on LawLens
Mumbai Municipal Corporation Act. Section 351
04Reasoning
The Court found that the Petitioners failed to produce direct evidence of the structure's dimensions or existence prior to 1962.
¶ 6It observed that the "Tikka Sheets" actually supported the BMC’s case, as the Petitioners' plot was marked with dotted lines (indicating an empty plot) rather than hatched lines (indicating structures).
¶ 4.1, 11The Court rejected the argument that an Intimation of Disapproval (IOD) for an adjacent plot or general assessment bills proved the existence of the specific structure in question.
¶ 13, 14On the issue of repair permissions, the Court held that while they might carry a presumption of existence, they do not establish legality; if granted for an unauthorized structure, such permissions reflect the "abysmal state of BMC affairs" and cannot be used by the wrongdoer to ratify an illegality.
¶ 16, 17The Court concluded that the speaking orders were well-reasoned and did not travel beyond the notice.
¶ 805Holding
The Court dismissed the Writ Petition and the Interim Application, holding that the structure is palpably illegal.
¶ 18, 19, 22It held that unauthorized structures cannot be tolerated or protected, as illegality is incurable.
¶ 9The Court denied the Petitioners' request for a stay on the judgment, noting the blatant nature of the violation.
¶ 22Relief was refused as granting it would encourage the public perception that illegal constructions can be regularized through subsequent administrative permissions.
¶ 17Original Court PDF
Siesta Industrial And Trading Corporation Through Its Partner Rakesh ShettyvsThe Municipal Corporation Of Greater Mumbai A Body Corporate
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