Bombay High Court

THE MUNICIPAL CORPORATION OF GREATER MUMBAIversusMRS. CHRISTY MURLIDHARAN

Decided: 28 January 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 was quashed and the civil applications were dismissed.

Summary

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 it, noting that the structure remained undemolished and the civil applications had not been pursued. The court found no basis to stay the order quashing the notice. Consequently, the civil applications filed by the corporation were dismissed.

Issues considered

Whether the notice issued under Section 351 of the Mumbai Municipal Corporation Act, 1888 should be quashed
Whether a stay of the order quashing the notice is warranted
Whether the civil applications filed by the Municipal Corporation should be dismissed

Legislation cited

Mumbai Municipal Corporation Act, 1888 — s. 351

Subjects

municipal law
demolition
Section 351
notice quash
civil application
stay order

Judgment

2026:BHC-AS:4172
                   Sayyed                                                     30-(i)CAF.3045.2016.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                  CIVIL APPLICATION NO.3045 OF 2016
                                                  IN
                                     FIRST APPEAL NO.1598 OF 2019

                   The Municipal Corporation of
                   Greater Mumbai                                ...Applicant/Appellant
                         Versus
                   Arvind Indramal Patangia                      ...Respondent

                                                 WITH
                                  CIVIL APPLICATION NO.3081 OF 2016
                                                  IN
                                     FIRST APPEAL NO.1598 OF 2019

                   The Municipal Corporation of
                   Greater Mumbai                                ...Applicant/Appellant
                         Versus
                   Christy Murlidharan                           ...Respondent

                                                 WITH
                                  CIVIL APPLICATION NO.3496 OF 2016
                                                  IN
                                     FIRST APPEAL NO.1598 OF 2019

                   The Municipal Corporation of
                   Greater Mumbai                        ...Applicant/Appellant
                         Versus
                   Omprakash Suganmal Israni             ...Respondent
                        _____________________________________________________
                   Mr. Pradeep M. Patil for the Applicant/Appellant.
                   Ms. Kavita Sharma i/by Ganesh & Co. for the Respondent.
                         _____________________________________________________

                                                  CORAM :        JITENDRA JAIN, J.
                                                  DATE       :   28 JANUARY 2026




                                                    1 of 2
                               Sayyed                                                    30-(i)CAF.3045.2016.doc


                               P.C.:

                               1.        The impugned order quashes notice under Section 351 of the
                               Mumbai Municipal Corporation Act, 1888 (MMC Act). The impugned
                               order was passed on 31 October 2015 and till today the suit structure
                               has not been demolished because of the quashing of the notice. The civil
                               applications were also not pressed till today. There is an order in favour
                               of the respondent quashing the impugned notice. Therefore, no case is
                               made out for stay of the impugned order.


                               2.        Civil Applications are dismissed.



                                                                             [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 28/01/2026 18:23:11                                        2 of 2

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