PRADEEP HARIRAM OBEROI Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This appeal is directed against an order dated dated 13 th September, 2022 passed by the learned Judge City Civil Court, Mumbai in Notice of Motion No. 618 of 2021 in L.C. Suit No. 1245 of 2021 whereby the Notice of Motion taken out by the appellant plaintiff to restrain the respondent No. 1/defendant No. 1 Municipal Corporation from acting upon a notice dated 22 nd October, 2020 under Sec. 351 of the Municipal Corporation Act, 1888 (the Act, 1888) and the speaking order came to be dismissed.

(2.) The appeal arises in the backdrop of the following facts:-

(3.) The respondents/defendants resisted the Notice of Motion. The substance of the resistance put forth by the respondent- Corporation was that subject structure was neither tolerated nor authorized. Permanent structure was erected sans permission of the planning authority. By the impugned order, the learned Judge, City Civil Court was persuaded to dismiss the Notice of Motion. The learned Judge was of the view that it could not be prima facie established that the suit property is situated in a slum area. In any event, there was no impediment under the Slum Act, 1971 to proceed against an unauthorized development. The learned Judge further recorded that in Appeal From Order (St.) No. 26430 of 2019 this Court had expressly reserved the liberty to the respondent- Corporation to proceed against the suit property in accordance with law if if it was found that the structure was unauthorized and liable to be demolished and, therefore, the respondent- Corporation was within its rights in initiating action for unauthorized development.