MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION OF GREATER MUMBAI AND ORS.versusPANNA MAHESH CHANDRA DAVE AND ANR.
2020 INSC 11731 January 2020Dismissed
The Municipal Corporation of Greater Mumbai demolished the superstructures of a chawl on land owned by the heirs of Dattatray Angare and occupied by eleven tenants, citing road‑widening requirements. The Bombay High Court ordered that the owners be allowed to apply for Transferable Development Rights (TDR) and that the…
ANIRUDHA RAMAKRISHNA KARLEKARversusSMT. JANKIBAI R. BEDEKAR
1991 INSC 1829 January 1991Dismissed
The landlord sought eviction of a shop tenant under Section 13(1)(c) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had been convicted of using the premises for illegal purposes. The tenant, who ran a sweet‑meats and farsan shop, had three convictions under the Prevention …
FORWARD CONSTRUCTION CO. & ORS. ETC. ETC.versusPRABHAT MANDAL. (REGD.) ANDHERI & ORS. ETC. ETC.
1985 INSC 24326 November 1985Disposed off
The Supreme Court examined a public‑interest litigation concerning a plot of land in Andheri reserved for a BEST bus depot under the development plan. The BEST Committee approved a scheme to construct two commercial buildings on part of the plot, generating a non‑refundable premium for the corporation. A petition chall…
AL CHAMPDANY INDUSTRIES LIMITEDversusTHE OFFICIAL LIQUIDATOR & ANR.
2009 INSC 22019 February 2009Appeal(s) allowed
Al Champdany Industries Limited purchased the assets of a company in liquidation. After the sale was confirmed, Bhatpara Municipality claimed arrears of property tax for periods before the sale and sought payment from the purchaser. The High Court held that the sale terms "as is where is" imposed a duty on the buyer to…
INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR.versusTHE STATE OF MAHARASHTRA & ORS.
2019 INSC 5217 January 2019Case Partly allowed
The Supreme Court examined challenges to the Maharashtra Prohibition of Obscene Dance Act, 2016 and its Rules, which regulate dance performances in hotels, restaurants and bar rooms. Petitioners argued that provisions defining "obscene dance", licensing restrictions, punitive measures for tips, and various licensing co…
BOMBAY METROPOLITAN REGION DEVELOPMENT AUTHORITY, BOMBAYversusGOKAK PATEL VOLKART LTD. AND ORS.
1994 INSC 59913 December 1994Appeal(s) allowed
G.P. Volkart Ltd. had obtained municipal approval to construct a 30‑storey building with an FSI of 2.45. After the Bombay Metropolitan Region Development Act, 1974 came into force, the Metropolitan Authority rejected the application within the statutory 60‑day period, prompting the company to appeal to the State Govern…
PRABHUDAS DAMODAR KOTECHA & ORS.versusMANHABALA JERAM DAMODAR & ANR.
2013 INSC 53413 August 2013Dismissed
The appellants, who were occupying a flat in Bombay as a gratuitous licensee, were evicted by a decree of the Small Causes Court under s.41(1) of the Presidency Small Causes Courts Act, 1882 (as amended by the Maharashtra Act of 1976). They appealed, arguing that the term "licensee" in the statute should be limited to …
MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.versusKAMLA MILLS LTD.
2003 INSC 31011 July 2003Appeal(s) allowed
The Municipal Corporation of Greater Mumbai reassessed the rateable value of land belonging to Kamla Mills Ltd. after the company demolished old structures and began constructing a new building. The corporation treated the land as "under construction" and raised its rateable value based on market rates, which the asses…
MAHARASHTRA EKTA HAWKERS UNION AND ANR.versusMUNICIPAL CORPORATION, GREATER MUMBAI AND ORS.
2003 INSC 6999 December 2003
The Supreme Court examined the long‑standing dispute over the regulation of street hawkers in Mumbai, arising from a draft scheme prepared by the Bombay Municipal Corporation that sought to designate hawking and non‑hawking zones and to regulate licences. The Court affirmed that hawkers enjoy the constitutional right t…
PRATIBHA CO-OPERATIVE HOUSING SOCIETY LTD.versusSTATE OF MAHARASHTRA AND ORS.
1991 INSC 1379 May 1991Dismissed
Pratibha Co‑operative Housing Society Ltd. constructed eight unauthorized floors in a 36‑storey building, exceeding the permissible Floor Space Index (FSI) by about 24,000 sq ft. The Bombay Municipal Corporation issued a show‑cause notice and ordered demolition of the upper eight floors, which the Society challenged th…
MUNICIPAL CORPORATION OF GREATER BOMBAYversusTHE INDUSTRIAL DEVELOPMENT AND INVESTMENT CO. PVT. LTD AND ORS.
1996 INSC 10026 September 1996Case Partly allowed
The Municipal Corporation of Greater Bombay acquired lease‑hold land of the respondents under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act, relying on a 1972 notification that the land was earmarked for extending a sewage purification plant. Before the acquisition proceedings were completed, the…
THE NEW INDIA CO-OPERATIVE HOUSING SOCIETY LTD.versusMUNICIPAL CORPORATION OF GREATER MUMBAI & ANR.
2008 INSC 10042 September 2008Appeal(s) allowed
The New India Co‑op Housing Society Ltd. (appellant) expelled a lessee (respondent No.2) for constructing a building in violation of clause 3(6) of the 1973 lease deed, which required a written NOC from the society before any structural alteration. The lessee proceeded with an amended plan without obtaining such NOC, p…