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Mumbai Municipal Corporation Act, 1888

101 judgments · newest first · showing 1–101

M/S. RAVIRAJ DEVELOPERSversusSHRI. MAHESH LALJIBHAI PORIYA AND ANR

Disposed Off

M/s Raviraj Developers filed a writ petition seeking to be impleaded as the owner in a suit challenging a notice issued by the Mumbai Municipal Corporation under Section 351 of the Mumbai Municipal Corporation Act, 1888. The petitioner's request for a Chamber Summons was rejected, prompting the …

NAVIN MULCHAND DEDHIAversusSTATE OF MAHARASHTRA(THRU GP ORIGINAL SIDE BHC)

DISPOSED OFF

The petitioners, Hiramani Shaligram Tripathi (by POA) and Navin Mulchand Dedhia, challenged a Show Cause Notice dated 16 May 2023 issued under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888, and a subsequent Speaking Order dated 2 September 2023, which directed demolition of an …

Mrs Shamim Bhayani KarwaversusBrihanmumbai Municipal Corporation,

DISPOSED OFF

Mrs. Shamim Bhayani Karwa filed a writ petition alleging that Respondent No.5 carried out unauthorized structural alterations and that the Brihanmumbai Municipal Corporation (BMC) issued a show‑cause notice under Section 351(1A) of the Mumbai Municipal Corporation Act, 1888. The petitioner sought a …

HUSSAIN ABBASALI KHANversusTHE STATE OF MAHARASHTRA THROUGH THE CHIEF SECRETARY

DISPOSED OFF

The petitioner, Hussain Abbasali Khan, filed a writ petition seeking a mandamus directing the Municipal Corporation of Greater Mumbai (Respondents 2 and 3) to demolish an allegedly unauthorized vertical structure and to order a departmental enquiry against officials for alleged dereliction of duty. …

Rashmi Shah ThakkarversusMunicipal Corporation of Greater Mumbai

DISPOSED OFF

The petitioners sought mandamus directing the Municipal Corporation of Greater Mumbai (BMC) to act under Section 354 of the Mumbai Municipal Corporation Act, 1888, to evacuate occupants and demolish a dilapidated building called Rashmi Kunj, and to consider their redevelopment proposal. The petition …

RAMESH BAKSURAM BUSWALAversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellant, Ramesh Baksuram Buswala, sought a temporary injunction to restrain the Municipal Corporation of Greater Mumbai (MCGM) from taking action against his four‑storey suit structure at Kherwadi, Bandra, alleging that the building was a tolerated structure falling within the 1961‑62 datum …

RAMESH BAKSURAM BUSWALAversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellant, Ramesh Baksuram Buswala, sought a temporary injunction to restrain the Municipal Corporation of Greater Mumbai (MCGM) from taking action against his four‑storey suit structure at Kherwadi, Bandra, alleging that the building was a tolerated structure falling within the 1961‑62 datum …

RAJU DANIELversusMUNICIPAL CORPORATION OF GREATER MUMBAI

DISPOSED OFF

The petitioner, Raju Daniel, filed a writ petition seeking a mandamus directing the Municipal Corporation of Greater Mumbai (BMC) to produce records of the demolition of his residential room on 2 January 2023, to initiate action against the BMC for allegedly demolishing without due process, and to …

VINOD KUMAR HIRALAL DARJIversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

Disposed Off

The applicant filed a first appeal against a trial court order that had stayed a demolition notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888. After the trial court’s judgment on 18 August 2026, the applicant contended that the stay should continue now that an appeal was …

KRISHNA NARAYAN VETALversusMUNICIPAL CORPORATION OF GR. MUMBAI

DISPOSED OFF

The petitioner, Krishna Narayan Vetal, filed a writ petition seeking a writ of certiorari or mandamus directing the Municipal Corporation of Greater Mumbai to initiate action against three respondents for alleged illegal construction and to demolish the structures. The petitioner alleged that …

BHOOMI SHASHWAT ESTATE PVT LTDversusTHE BRIHANMUMBAI MUNICIPAL CORPORATION

DISPOSED OFF

The petitioners, Bhoomi Shaswat Estate Pvt. Ltd. & Anr., filed a writ petition under Article 226 of the Constitution seeking to quash a special notice dated 12 August 2024 and a warrant dated 2 March 2026 issued by the Brihanmumbai Municipal Corporation, and to compel the corporation to re‑assess …

MR. FAHAD KHANversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellant, Fahad Khan, challenged a municipal notice alleging unauthorized construction and sought ad‑interim relief, which the trial court denied. The appellant contended that the trial court failed to consider relevant documents, plans, and municipal records before rejecting the relief. The …

MR. FAHAD KHANversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellant, Fahad Khan, challenged a municipal notice alleging unauthorized construction and sought ad‑interim relief, which the trial court denied. The appellant contended that the trial court failed to consider relevant documents, plans, and municipal records before rejecting the relief. The …

RAJ GARDEN CO OP. HSG. SOC. LTDversusMAHENDRA ARJUN SHINDE AND ANR

Disposed Off

The Raj Garden Co‑Operative Housing Society (petitioner) claimed ownership of CTS Nos. 128A/40, 128A/40/1 and 128A/40/2 in Kandivali and sought to be impleaded in a suit filed by Mahendra Arjun Shinde (respondent No.1) against the Municipal Corporation of Greater Mumbai (respondent No.2) challenging …

SARIKA MANGESH PAWARversusDEEPAK RAJARAM SAWANT AND ORS

Disposed Off

The petitioner, Sarika Mangesh Pawar, challenged an order that kept her application for declaration as the returned candidate from Ward No.111 in abeyance pending a High Court writ petition filed by the elected councilor, Deepak Rajaram Sawant. The councilor's caste certificate was invalidated by …

KSHAMA PADMAKAR SHEDGEversusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI

Allowed

The appellant, Kshama Padmakar Shedge, has occupied a small room constructed by her husband since before 1976 and claims residence based on various documents. The Municipal Corporation of Greater Mumbai issued notices under Section 354-A and later Section 351 of the Mumbai Municipal Corporation Act, …

SURESH DATTU MOREversusTHE. MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANOTHER

Disposed Off

The appellant, owner of a building in Mumbai, was served with notices under the Mumbai Municipal Corporation Act, 1888 demanding cessation of alleged unauthorized structural repairs and threatening demolition. The appellant submitted a structural audit classifying the building as C‑3 (minor repairs …

AACHAL SINGH KUMPAVATversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANOTHER

Disposed Off

The appellant, Aachal Singh Kumpavat, appealed an order dated 16 March 2024 that sought interim relief against a notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 concerning a 18 × 18 ft structure at Plot No.118, Chembur. The trial of the suit had commenced and the trial …

NANDLAL BALKISHAN SAHJWANIversusMUNICIPAL CORPORATION OF GREATER MUMBAI

DISMISSED

The petitioners, two surviving partners of the dissolved Khanna Construction House partnership, sought to quash a municipal warrant of attachment, a show‑cause notice and to restore possession of a 999‑year lease land, arguing they were ready to redevelop it. The High Court examined the lease …

MEGHRAJ FINANCIAL CONSULTANTS PRIAVATE LIMITEDversusNANDLAL BALKISHAN SAHJWANI

DISMISSED

The petitioners, two surviving partners of the dissolved Khanna Construction House partnership, sought to quash a municipal warrant of attachment, a show‑cause notice and to restore possession of a 999‑year lease land, arguing they were ready to redevelop it. The High Court examined the lease …

SNEHA S. TAWADEversusTHE STATE OF MAHARASHTRA

Disposed Off

Sneha S. Tawade filed a criminal application challenging an order passed by a Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888. The challenge arose from a notice issued to her under Section 353A of the same Act. Respondent No.2, the Bombay Municipal …

USHA S. PRABHUDESAIversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the Court that it intended to withdraw the …

SOMNATH B. GAONKARversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the court that it intended to withdraw the …

SANDEEP H. RAUTversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the Court that it intended to withdraw the …

MILIND D. PARABversusTHE STATE OF MAHARASHTRA

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the Court that it intended to withdraw the …

BHARTI S. PIMPALEversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the Court that it intended to withdraw the …

MUKUL B. SAPTEversusTHE STATE OF MAHARASHTRA

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the Court that it intended to withdraw the …

JAYSHREE M. LIKHATEversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The applicants challenged an order issued by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888, which was based on a notice issued under Section 353A of the same Act. The Corporation (Respondent No.2) informed the court that it intended to withdraw the …

DYANESHWAR S. KELAJIversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The petitioners (Dyaneshwar S. Kelaji, Dinesh P. Maru and Vaishali A. Dabholkar) filed applications challenging an order passed by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888. The order arose from a notice issued to them under Section 353A of the same …

DINESH P. MARUversusTHE STATE OF MAHARASHTRA AND ANR

Disposed Off

The petitioners (Dyaneshwar S. Kelaji, Dinesh P. Maru and Vaishali A. Dabholkar) filed applications challenging an order passed by the Metropolitan Magistrate under Section 471 of the Mumbai Municipal Corporation Act, 1888. The order arose from a notice issued to them under Section 353A of the same …

THE MUNICIPAL CORPORATION OF GREATER MUMBAIversusM/S. DESIGN MULTIPLES AND ANR.

Dismissed

The Municipal Corporation of Greater Mumbai filed a group of civil applications seeking condonation of an eight‑year delay in filing an appeal against a 2009 City Civil Court order that had upheld a demolition notice under section 351 of the Mumbai Municipal Corporation Act, 1888. The corporation …

THE MUNICIPAL CORPORATION OF GREATER MUMBAIversusMR. PANKAJ MEHTA AND ORS.

Dismissed

The Municipal Corporation of Greater Mumbai filed a group of civil applications seeking condonation of an eight‑year delay in filing an appeal against a 2009 City Civil Court order that had upheld a demolition notice under section 351 of the Mumbai Municipal Corporation Act, 1888. The corporation …

BABURAM SHIVMURAT YADAVversusTHE MUNICIPAL CORPORATION OF GR.MUMBAI

Disposed Off

The appellant, Baburam Shivmurat Yadav, constructed a commercial building of approximately 2,850 sq. ft. in Kandivali without obtaining the requisite municipal approvals. The Municipal Corporation of Greater Mumbai issued a notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 on 24 …

KRISHNAN PADMADASversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The applicant, Krishnan Padmadas, operated a staff canteen for Tata Consultancy Services employees within the TCS premises, which was not open to the general public. The Municipal Corporation of Greater Mumbai issued an issue process order under Section 394(1)(e) read with Section 471 of the Mumbai …

THE MUNICIPAL CORPORATION OF GREATER MUMBAIversusMRS. CHRISTY MURLIDHARAN

Dismissed

The Municipal Corporation of Greater Mumbai issued a notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 for demolition of a suit structure. The corporation appealed the order that quashed the notice. The High Court held that the notice was invalidly issued and therefore quashed …

B.JOSEPH BALIAH NADAR AND ORSversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellants, the heirs of the late B. Joseph Baliah Nadar, challenged a notice issued by the Municipal Corporation of Greater Bombay under Section 314 of the Mumbai Municipal Corporation Act, 1888, alleging illegal construction of a 100 sq.ft. shed. The City Civil Court had upheld the notice and …

MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERSversusVIVEK V. GAWDE ETC. ETC.

[2024] 12 S.C.R. 843Appeal(s) allowed

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 …

KUKREJA CONSTRUCTION COMPANY & OTHERSversusSTATE OF MAHARASHTRA & OTHERS

2024 INSC 692

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 …

DR. ABRAHAM PATANI OF MUMBAI & ANRversusTHE STATE OF MAHARASHTRA & ORS.

2022 INSC 904Dismissed

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 …

FOOD CORPORATION OF INDIAversusBRIHANMUMBAI MAHANAGAR PALIKA & ORS.

2020 INSC 318Appeal(s) allowed

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, …

BENEDICT DENIS KINNYversusTULIP BRIAN MIRANDA & ORS.

2020 INSC 320Dismissed

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 …

MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM)versusABHILASH LAL & ORS.

2019 INSC 1257Appeal(s) allowed

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 …

SHREE RAM URBAN INFRASTRUCTURE LTD. & ANR.versusSTATE OF MAHARASHTRA & ORS.

2019 INSC 1188Disposed off

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 …

NITIN BANDOPANT SALAGREversusTHE STATE ELECTION COMMISSION & ANR.

2019 INSC 859Appeal(s) allowed

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 …

LULLU VAS (SINCE DECEASED) THROUGH LRSversusSTATE OF MAHARASHTRA & ORS.

2019 INSC 255Disposed off

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 …

MUNICIPAL CORPORATION OF GREATER MUMBAIversusPANKAJ ARORA (SECRETARY) AND OTHERS

2018 INSC 52Disposed off

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 …

SMITA SUBHASH SAWANTversusJAGDEESHWARI JAGDISHAMIN & ORS.

2015 INSC 644Appeal(s) allowed

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 …

BALASAHEB ARJUN TORBOLE & ORS.versusTHE ADMINISTRATOR & DIVISIONAL COMMISSIONER

2015 INSC 280Dismissed

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 …

NARINDER S. CHADHA & ORS.versusMUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.

2014 INSC 844Appeal(s) allowed

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 …

BRIHANMUMBAI MAHANAGARPALIKA AND ANOTHERversusWILLINGDON SPORTS CLUB AND OTHERS

2013 INSC 758Appeal(s) allowed

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 …

MUNICIPAL CORPORATION OF GREATER MUMBAIversusTHOMAS MATHEW & ORS.

2012 INSC 167Dismissed

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 …

SUPRI ADVERTISING & ENTERTAINMENT PVT. LTD.versusDR. ANAHITA PANDOLE & ORS.

2008 INSC 1008Appeal(s) allowed

Dr. Anahita Pandole filed a writ petition challenging the Mumbai Municipal Corporation's permission to advertising agencies for displaying mobile hoarding advertisements, alleging traffic hazards, environmental damage and harm to heritage buildings. The Bombay High Court directed that such mobile …

M.K. PALIA & SONS PVT. LTD.versusMUMBAI MUNICIPAL CORPORATION & ANOTHER

2008 INSC 980Dismissed

M.K. Palia & Sons Pvt. Ltd., a lessee of the Mumbai Port Trust, filed a writ petition in 2005 challenging the rateable value of its commercial premises that had been revised in 1984‑85 from Rs.20,100 to Rs.25,645 per annum. The appellant argued that the increase was excessive and relied on the …

BRIHANUMUMBAI MAHANAGAR PALIKA & ANR.versusAKUTI NIRMAN PVT. LTD. & ANR.

2008 INSC 90Case Allowed

The Brihanmumbai Municipal Corporation refused to entertain a complaint and confirm the rateable value of Akuti Nirman Pvt Ltd. The respondents appealed the decision under Section 217 of the Mumbai Municipal Corporation Act, 1888. The Bombay High Court allowed the appeal but issued a judgment that …

MUNI SUVRAT-SWAMI JAIN S.M.P. SANGHversusARUN NATHURAM GAIKWAD AND ORS.

2006 INSC 689Case Allowed

The appellant, a public trust, had constructed a Jain temple on a plot that was originally part of a larger property with an easement for access. A tenant of the adjoining chawl (respondent No. I) complained that the temple was built without municipal permission and sought demolition. The Municipal …

MUNICIPAL CORPORATION OF GREATER BOMBAYversusBHARAT PETROLEUM CORPORATION LTD.

2002 INSC 175Appeal(s) allowed

The Municipal Corporation of Greater Bombay instituted criminal proceedings against Bharat Petroleum for erecting signboards displaying the Shell trademark at its petrol pumps without obtaining permission under the Mumbai Municipal Corporation Act, 1888. The corporation relied on Sections 328, 328A …