Supreme Court · 2019 INSC 1193 · Decided 24 October 2019
Municipal Corporation of Greater Mumbai & ORS. v. M/S Sunbeam High Tech Developers Private LTD.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1193 · [2019] 16 S.C.R. 971
- Case number
- CIVIL APPEAL No. 7627/2019
- Decided
- 24 October 2019
- Bench
- DEEPAK GUPTA, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
Headnote
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 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
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