REGENT COMPUTRONICS PVT. LTD.

G.J.KANGA Appellant

V/S

S.S.BASHA Respondents

Referred Judgements :-

COOPER V. WANDSWORTH BOARD OF WORKS [REFERRED TO]
R V. DUBLLA CORPA [REFERRED TO]
R V. LOCAL GOVT BD [REFERRED TO]
LAPOINTE V. ASSOCIATION DE BIENFAISANCE ET DE RETRAITE DE IN POLICE DE MONTROAL [REFERRED TO]
SMITH V. R [REFERRED TO]
SHARP V. WAKEFIELD [REFERRED TO]
EG FRANKLIA V. MINISTER OF TOWN AND COUNTRY PLANNING [REFERRED TO]
HALL V. MANHESTER CORPORATION [REFERRED TO]
DE VERTEUIL V. KPAGGS [REFERRED TO]
R V. WESTMINISTER ASSESSMENT COMMITTEE [REFERRED TO]
JOHNSON V. MINISTER OF HEALTH [REFERRED TO]
LABOUR RELATIONS BOARD V. JEI WORKS [REFERRED TO]
ERRIAGTON V. MINISTER OF HEALTH [REFERRED TO]
ROBINSON V. MINISTER OF TOWN AND COUNTRY PLANNING [REFERRED TO]
SHIAM LAL V. RAM SAROOP [REFERRED TO]
UNIVERSITY OF CEYLON V. FERNANDE [REFERRED TO]
RIDGE V. BALDWIN [REFERRED TO]
ANANTHARAJU SHETTY V. APPU HEGADE [REFERRED TO]
BHAGWANJI V. STATE [REFERRED TO]
R V. GLAMORGANSHIRE INHABITANTS,1700 1 LD RAYM [REFERRED TO]
R V. BRIAGHTON REAT TRIBUNAL [REFERRED TO]
R V. MANCHESTER LEGAL AID COMMITTEE [REFERRED TO]
R V. REGISTRAR OF BUILDING SOCIETIES [REFERRED TO]
SHANKARLAL V. SHANKARLAL [REFERRED TO]
SADHU SINGH V. DELHI ADMINISTRATION [REFERRED TO]
HOGGARD V. WORSBOROUGH UDC [REFERRED TO]
VINE V. NATIONAL DOCK LABOUR BD [REFERRED TO]
UNION OF INDIA VS. T R VARNA [REFERRED TO]
EXPRESS NEWSPAPER PRIVATE LTD VS. UNION OF INDIA [REFERRED TO]
GULLAPALLI NAGESWARA RAO VS. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
BOMBAY MUNICIPAL CORPORATION VS. DHONDU NARAYAN CHOWDHARY [REFERRED TO]
HARBHAJAN SINGH VS. KARAMINGH [REFERRED TO]
STATE OF ORISSA VS. BINAPAIRI DEI [REFERRED TO]
A K KRAIPAK VS. UNION OF INDIA [REFERRED TO]
KUNTESH GUPTA VS. MANAGEMENT OF HINDU KANYA MAHA VIDYALAYA SITAPUR U P [REFERRED TO]
NEELIMA MISRA VS. HARINDER KAUR PAINTAL [REFERRED TO]

JUDGEMENT

(1.) WHETHER the Municipal Commissioner can set aside an order passed by the Deputy Municipal Commissioner dropping action of demolition under section 351 of the Bombay Municipal Corporation Act (hereinafter referred to as the Act) is the question posed for my decision.

(2.) THE appellants are the original defendants who are the Municipal Corporation of Greater Bombay and its Administrator and the respondent is the original plaintiff. The present appeal seeks to challenge a judgment and order dated 17/21/22nd October, 1986 passed by His Honour Judge Shri R. J. Purandare in Notice of Motion No. 6232 dated 12th December, 1984 in Suit No. 7851 of 1984 whereby the Notice of Motion taken out by the plaintiff for interim injunction restraining the defendants from acting in pursuance of the decision of the Additional Municipal Commissioner dated 3rd December, 1984 and from demolishing the suit shop belonging to the plaintiff was made absolute. The shop in dispute is known as Bombay Arts situate at 274, S. V. Road, Bandra (West), Bombay 400 050. A few facts leading to the passing of the impugned order are as follows :

(3.) ON 21st April, 1982 the Inspector of the defendants found certain construction in progress. A stop work notice dated 24th April, 1982 was, therefore, issued under section 354-A of the Bombay Municipal Corporation Act. The plaintiff vide his reply dated 29th April, 1982 stated that he was merely replacing the C. P. sheets of his shed. On 6th September, 1982 the defendants issued a notice under section 351 of the Act calling upon the plaintiff to show cause why the suit structure should not be demolished. The plaintiff on 13th September, 1982 sent his reply. A hearing was given to the plaintiff by the Deputy Municipal Commissioner during which the plaintiff submitted a copy of the City Survey sheet obtained from the office of the Inspector of Land Records. During the inquiry one Shri Keer purporting to be an officer of the Bombay Suburban District was examined for the purpose of deposing to the authenticity of the copy of the survey sheet relied upon by the plaintiff. Ultimately by an order passed by the Deputy Municipal Commissioner on 24th August, 1983 the action under section 351 of the Act was dropped and the plaintiff was directed to pay certain amounts by way of penalty for construction without Municipal permission and towards regularisation fees. The decision was communicated to the plaintiff by the Ward Officer and the plaintiff thereafter paid the penalty and the regularisation fees.

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G J KANGA Vs. S S BASHA

Referred Judgements :-

JUDGEMENT

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