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Bombay High Court

KATHIRVEL ELYAPANNADIversusMUNICIPAL CORPORATION OF GREATER BOMBAY

Decided
Disposal
Dismissed

Holding

The appeals are dismissed as the demolition of the reconstructed premises constitutes a separate cause of action not triable in these appeals.

Summary

The Municipal Corporation of Greater Bombay appealed a City Civil Court order that held a demolition notice issued under Section 55 of the Maharashtra Regional and Town Planning Act, 1966, to be illegal and allowed the plaintiff to reconstruct the demolished premises at his own cost. After the order, the plaintiff reconstructed the property, but the corporation subsequently demolished the reconstructed premises on 26 October 2017. The court held that the demolition of the reconstructed premises gives rise to a separate cause of action that cannot be raised in the corporation's appeals. Consequently, the appeals were dismissed and the related civil applications were disposed of.

Issues considered

  • The legality of the demolition notice issued under Section 55 of the MRTP Act.
  • Whether the permission to reconstruct the demolished premises can be set aside on appeal.
  • Whether the demolition of the reconstructed premises can be challenged within the same appeals.

Legislation cited

Subjects

  • demolition
  • reconstruction
  • MRTP Act
  • separate cause of action
  • appellate jurisdiction

Judgment

2026:BHC-AS:14801
                    Sayyed                                               917-FA.364.2018.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL NO.364 OF 2018

                    Municipal Corporation of
                    Greater Bombay                              ...Appellant
                          Versus
                    Selvan Jaipal Kauder                        ...Respondent

                                                  WITH
                                   CIVIL APPLICATION NO.1051 OF 2018
                                                  WITH
                                   CIVIL APPLICATION NO.1050 OF 2018
                                                   IN
                                      FIRST APPEAL NO.364 OF 2018

                    Selvan Jaipal Kauder                        ...Applicant

                    IN THE MATTER BETWEEN:
                    Municipal Corporation of
                    Greater Bombay                              ...Appellant
                          Versus
                    Selvan Jaipal Kauder                        ...Respondent

                                                  WITH
                                       FIRST APPEAL NO.365 OF 2018

                    Municipal Corporation of
                    Greater Bombay                              ...Appellant
                          Versus
                    Kathirvel Elayapannadi                      ...Respondent

                                                  WITH
                                   CIVIL APPLICATION NO.1052 OF 2018
                                                  WITH
                                   CIVIL APPLICATION NO.1053 OF 2018
                                                   IN
                                      FIRST APPEAL NO.365 OF 2018

                    Kathirvel Elayapannadi                      ...Applicant

                    IN THE MATTER BETWEEN:
                    Municipal Corporation of



                                                  1 of 3
Sayyed                                                           917-FA.364.2018.doc


Greater Bombay                               ...Appellant
      Versus
Kathirvel Elayapannadi                       ...Respondent
      _____________________________________________________
Ms. Pallavi Khale i/by Ms. Komal Punjabi for Appellant-MCGM in both
appeals.
Mr. Vilas A. Jadhav for Respondent in both Appeals & Applicant in CAF
Nos.1050/2018, 1051/2018, 1052/2018 & 1053/2018.
      _____________________________________________________

                                 CORAM :         JITENDRA JAIN, J.
                                 DATE        :   27 MARCH 2026
P.C.:

1.          These appeals are filed by the Corporation challenging the
order passed by the City Civil Court on 11 May 2017, whereby notice
issued for demolition under Section 55 of the Maharashtra Regional
And Town Planning Act, 1966 (MRTP) was held to be illegal and bad in
law. By the said order, permission was granted to the plaintiff to
reconstruct the suit at his own cost and liberty was given to the
defendants to follow due process of law in respect of such reconstructed
construction.

2.          The Corporation is aggrieved by the direction of the City Civil
Court granting permission to the plaintiff to reconstruct the suit
premises.    However,    pending    the      present   appeal,   the    plaintiff
reconstructed the suit premises as per order of the City Civil Court after
11 May 2017 but the said reconstructed suit property was again
demolished by the appellant-corporation by relying upon the operative
order clause (iii).

3.          Since the corporation was aggrieved by the permission given
by the City Civil Court to reconstruct the suit premises and the said
reconstructed premises have been demolished by the Corporation on 26



                                    2 of 3
                               Sayyed                                                      917-FA.364.2018.doc


                               October 2017, nothing survives in the present appeals.

                               4.       If the plaintiff is aggrieved by the action of the Corporation of
                               demolishing the reconstructed premises then it is a separate cause of
                               action which cannot be agitated in these appeals filed by the
                               corporation.

                               5.       The appeals are dismissed. Consequently, civil applications do
                               not survive and are accordingly disposed of.


                                                                           [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 30/03/2026 11:00:55                                        3 of 3


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