Mumbai Municipal Corporation Act, 1888

The Mumbai Municipal Corporation amended its promotion rules for Deputy Municipal Commissioner through Resolutions approved by the State Government, but the rules were not published in the Official Gazette until 28‑April‑2011. The petitioners, Assistant Municipal Commissioners, sought promotion under the amended rules,…

The case involved several cooperative housing societies that had purchased flats in a development where the builders constructed additional floors and exceeded the permitted Floor Space Index (FSI) in violation of the sanctioned plan and municipal regulations. The societies sought a mandamus directing the Mumbai Munici…

The appellants, heirs of the late Ratilal S. Pujara, owned Flat No. 9 in a 55‑year‑old building that was classified as C‑1 (dangerous) after a structural audit mandated by Section 353B of the Mumbai Municipal Corporation Act, 1888. The Municipal Commissioner, relying on this audit, issued a demolition notice under Sect…

The Municipal Corporation of Greater Mumbai demolished a building allegedly constructed without permission, but failed to follow the statutory notice procedure under the Mumbai Municipal Corporation Act. The High Court had ordered the owner to rebuild the structure, prompting the corporation to appeal. The Supreme Cour…

Shree Ram Urban Infrastructure Ltd (SRUIL) obtained development permission and a commencement certificate for a residential tower and a public parking lot (PPL) under the Maharashtra Regional and Town Planning Act, 1966 and the 1991 Development Control Regulations (DCR). SRUIL constructed the PPL up to 15 floors and th…

The Municipal Corporation of Greater Mumbai filed a complaint under Section 354 read with Section 475A(1)(a) of the Mumbai Municipal Corporation Act against respondents for failing to repair a structurally unsafe building. The Metropolitan Magistrate dismissed the complaint on the ground of a two‑month delay, dischargi…

The Municipal Corporation of Greater Mumbai demanded water benefit tax and sewerage benefit tax as property tax under the Mumbai Municipal Corporation Act, 1888, for premises whose water supply had been disconnected in 1993. The respondents challenged the demand, arguing that tax could be levied only on actual water co…

The appellants, heirs of Lullu Vas, claimed lease‑hold rights over a Mumbai parcel that had been earmarked for slum rehabilitation under the Maharashtra Slum Areas Act, 1971. The High Court had allowed the redevelopment scheme to proceed, setting aside an earlier order that had cancelled the Letter of Intent in favour …

The Food Corporation of India (FCI) occupied godowns and silos that were constructed by the Central Government on land acquired before 1964 and claimed exemption from Brihanmumbai Municipal Corporation's property tax under Article 285(1) of the Constitution. The Municipal Corporation argued that, under Section 146 of t…

The appellants challenged High Court orders that allowed elected councillors, whose caste validity certificates were rejected by the Caste Scrutiny Committee, to retain their seats pending judicial review. Section 5B of the Mumbai Municipal Corporation Act provides that failure to submit a caste validity certificate wi…

The Supreme Court examined whether the catering department of Willingdon Sports Club, which serves food only to its members and their guests, must obtain a licence under Section 394(1)(e) of the Mumbai Municipal Corporation Act, 1888. The High Court had held the club exempt, reasoning that its primary activity was spor…

Six food stall owners on Bandra Station Road were operating without permission of the Municipal Commissioner and had erected their stalls on a public sewer line, causing obstruction. The Municipal Corporation removed the stalls on 26 May 2016 under Section 314(1) of the Mumbai Municipal Corporation Act, 1888, and the o…

The Municipal Corporation of Greater Mumbai (MCGM) owned several plots that were leased to SevenHills Healthcare for a 1500‑bed hospital, but the project was not completed and lease rent was in default. MCGM issued a show‑cause notice and, before the notice period expired, the corporate debtor was admitted to insolvenc…

The case concerned eviction proceedings initiated by the Municipal Corporation of Greater Mumbai against occupants who held premises on a licence basis. The respondents challenged the Inquiry Officer's authority and the High Court's order that framed nine specific points for the Officer to determine, alleging violation…

The appellants, owners of land reserved for Development Plan Roads under the Maharashtra Regional and Town Planning Act, constructed the roads at their own cost, surrendered the land to the Mumbai Municipal Corporation and were granted 25% transferable development rights (TDR). They later claimed the balance 75% (or 10…

The Municipal Corporation of Greater Mumbai issued notices under Section 314 of the Mumbai Municipal Corporation Act, 1888, directing occupants to remove patra structures on footpaths; after non‑compliance it demolished the structures and later issued another notice to demolish a reconstructed building. The occupants c…

The Supreme Court examined a circular issued by the Municipal Corporation of Greater Mumbai that added Condition No.35 to licences for eating houses, prohibiting the sale of tobacco and any apparatus such as hookah, and imposing specific dimensions for smoking areas. The Court held that Section 6 of the Cigarettes Act …

The Supreme Court examined the validity of the Mumbai Municipal Corporation Act’s amendment that shifted property tax assessment from rateable value to capital value, and the accompanying Capital Value Rules of 2010 and 2015. It held that the rules allowing the Commissioner to factor in future development potential (su…

Century Textiles entered into a lease for Block‑A in 1928 under the Bombay Improvement Trust Transfer Act, 1925, with a 28‑year term that expired in 1955. The lease required the construction of poorer‑class dwellings and contained no clause obligating the Municipal Corporation of Greater Mumbai to convey the land after…

In the 2017 municipal elections for Ward 76 of the Bombay Municipal Corporation, the elected councillor was later disqualified after her caste certificate was invalidated. This created a casual vacancy. The appellant, who had secured the second‑highest number of votes, claimed he should be deemed elected under Section …

The appeal concerned the filing of an election petition challenging the election of Smitasubhash Sawant as a municipal corporator. The petition was filed on 28 February 2012, and the question was whether the ten‑day limitation under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, began on the date the list…

The appellants, owners of land in Mumbai, challenged the municipal corporation’s acquisition of their property for a link road, arguing that the road could only be built after amending the Development Plan under the Maharashtra Regional Town Planning Act (MRTP Act). The High Court upheld the acquisition, holding that t…

The appellants, residents of slums on privately owned plots in Kurla, challenged the approval of a slum rehabilitation scheme that treated their private plots together with adjoining municipal plots as a single slum area. They argued that the authorities wrongly clubbed the lands, that consent of the required 70% of el…