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Bombay High Court

MOHAMMED AND SAHJADA SALIM MOHAMMED ABDUL AZIZ SHAIKHversusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR

Decided
Disposal
Disposed Off

Holding

The notice under Section 351 relates to a structure distinct from the appellant's premises, so protection cannot be granted.

Summary

The appellant, a tenant of a ground‑floor tenement in Abubakar Estate, Dharavi, challenged the trial court's order rejecting his notice of motion seeking protection against demolition of an alleged unauthorized structure. The municipal corporation had issued a notice under Section 351 of the Mumbai Municipal Corporation Act against an unauthorized construction located at 60 Feet Cross Road, AKG Nagar, which the appellant claimed was his premises. The trial court observed that the documents, including rent receipts, clearly identified the appellant's premises as distinct from the location mentioned in the notice, and that no boundary documents linked the two sites. On appeal, the High Court affirmed that the notice pertained to a different structure and that granting protection would be inappropriate. Consequently, the appeal was dismissed and the interim application was also disposed of.

Issues considered

  • Whether the notice issued under Section 351 of the Mumbai Municipal Corporation Act applies to the appellant's premises.
  • Whether the appellant is entitled to protection against demolition of the structure mentioned in the notice.

Legislation cited

Subjects

  • unauthorized construction
  • municipal notice
  • Section 351
  • tenancy
  • demolition protection
  • municipal corporation

Judgment

            Digitally
            signed by
            SHAGUFTA
SHAGUFTA    QUTBUDDIN
QUTBUDDIN   PATHAN
PATHAN      Date:
            2026.06.25                                                      65-AO-400-2024.doc
            12:50:33
            +0530
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                    APPEAL FROM ORDER NO.400 OF 2024
                                                  WITH
                                   INTERIM APPLICATION NO.9126 OF 2024
                                                   IN
                                    APPEAL FROM ORDER NO.400 OF 2024

                    Mohammed @ Sahajada Salim
                    Mohammed Abdul Aziz Shaikh
                    an adult, aged about 53 years,
                    Indian Inhabitant of Mumbai,                         …Appellant
                    Occupation-Business, residing at,                      Applicant
                    Room No.61, 60 Feet Cross Road,
                                                                         (Org. Plainti=)
                    AKG Nagar, Dharavi, Mumbai – 400 017
                          Versus
                    1. Municipal Corporation Of Greater Mumbai
                       Nagar Chowk, Opposite CST Station,
                       Fort, Mumbai-400 001

                    2. Assistant Commissioner,
                       Through Designated OAcer,
                       G/N Ward, Dadar (W),                              ...Respondents
                       Mumbai – 400 028                                  (Org. Defendants)

                                                   ——————
                    Mr. J. D. Mishra a/w Mr. Jitendra Shukla for the Appellant/Applicant

                    Ms. Neeta Jadhav i/b Ms. Komal Punjabi for the Respondents-Corporation
                                                ——————

                                              CORAM : SHARMILA U. DESHMUKH, J.
                                              DATE     : JUNE 22, 2026
                    ORAL JUDGMENT :

                    1.    By the present Appeal, the challenge is to the order dated 6 th

                    May 2024 by which the Notice of Motion No. 1102 of 2024 came to be


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            rejected. The Trial Court, in the impugned order, noted that it is not

            speciGcally pleaded by the Plainti=s that the suit premises, including

            the notice structure, is situated at 41/42, Abubakar Estate, Dharavi

            Cross Road, Mumbai-17, nor have they placed on record any document

            showing the boundary line between Abubakar Chawl and AKG Nagar,

            Dharavi, Mumbai. It further noted the inspection report of the Mumbai

            Municipal Corporation dated 22nd December 2023 by which the oAcers

            of the Mumbai Municipal Corporation noticed an unauthorized

            construction situated at 60 Feet Cross Road, AKG Nagar, Dharavi,

            Mumbai. The documents produced on record, as well as the pleadings

            in the plaint showed that the suit premises were situated at 41/42,

            Abubakar Estate, Dharavi Cross Road, Mumbai-17 and in view of the

            said position, the Trial Court held that the Plainti= may be a tenant of

            the suit premises situated at Abubakar Estate, Dharavi, Cross Road,

            Mumbai. However, the notice is in respect of an unauthorized

            construction situated at 60 Feet Cross Road, AKG Nagar, Dharavi,

            Mumbai-17, which is di=erent from the address mentioned in the rent

            receipts.

            2.    Before this Court, the contention raised by the learned counsel

            appearing for the Plainti= is that, though the notice under Section 351

            of the Mumbai Municipal Corporation Act refers to an unauthorized

            construction at 60 Feet Cross Road, AKG Nagar, there is an


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            apprehension on the part of the Plainti= that the Plainti='s premises,

            which are situated within Abubakar Chawl, will be demolished by the

            Corporation. He would further point out the documents produced

            before the Trial Court in order to demonstrate that the Plainti= is a

            tenant in respect of Ground Floor Tenement No. 61 in a property

            situated at Abubakar Estate, Mumbai-17.

            3.    Per contra, learned counsel appearing for the Corporation would

            submit that the notice under Section 351 of the Mumbai Municipal

            Corporation Act has been issued in respect of an unauthorized

            construction of a ground Ioor structure with the help of brick masonry

            walls and an AC sheet roof, situated at 60 Feet Cross Road, AKG Nagar,

            Dharavi, Mumbai. He would further submit that, as the documents are

            in respect of premises at Abubakar Estate, Dharavi Chawl, which is not

            the same as the notice structure, the Trial Court has refused to grant

            any protection.

            4.    From a perusal of the documents produced on record by the

            Plainti= to demonstrate the existence of the structure prior to the

            datum line, it is evident that the rent receipts are in respect of Ground

            Floor Tenement No. 61 in a property situated at 41/42, Dharavi,

            Abubakar Estate, Mumbai-17. The notice issued is in respect of an

            unauthorized construction situated at AKG Nagar, Dharavi, Mumbai, at

            60 Feet Cross Road. As rightly held by the Trial Court, the documents


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            produced by the Plainti= show the Plainti= as a tenant of the suit

            premises which is di=erent from the notice structure. As the notice

            under Section 351 has been issued in respect of a speciGc unauthorized

            construction, any action taken would necessarily be in respect of the

            unauthorized construction situated at 60 Feet Cross Road, AKG Nagar,

            Dharavi, Mumbai-28, and not in respect of the Plainti='s premises

            stated to be situated in a chawl known as Abubakar Chawl. As the

            notice structure is di=erent from the Plainti='s premises, as evident

            from the material placed on record, the Notice of Motion has been

            rightly rejected, as grant of protection would amount to protecting a

            structure which is di=erent from the notice structure.

            5.    In view of the above, there is no merit in the Appeal from Order.

            The same stands dismissed.

            6.    Needless to clarify that any action taken by the Corporation

            would be only in respect of the structure which is the subject matter of

            the notice under Section 351 of the Mumbai Municipal Corporation Act.

            7.    The Interim Application does not survive for consideration. The

            same stands disposed of.



                                                [SHARMILA U. DESHMUKH, J.]




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