Bombay HC – Section 314 MMC Act – Notice Must Identify Breach of Sections 312, 313 or 313A.
Order dated 20.1.2026 of the High Court of Bombay in First Appeal No.653 of 2011 with Civil Application No.2893 of 20111 of Sailappan Sodali Muthu Vs. the Municipal Corporation of Greater Mumbai
Section 314 of the MMC Act empowers the Commissioner to remove without notice anything erected, deposited or hawked in contravention of Sections 312, 313 or 313A of the MMC Act .
Before issuing notice under Section 314, the Commissioner has to satisfy himself as to whether there is contravention of Sections 312, 313 or 313A of the MMC Act for exercising his powers under Section 314 of the MMC Act. The said satisfaction has to be reflected in the notice which is issued. In the instant case, the impugned notice (scanned as above) does not specify as to which of the provisions of the MMC Act viz., Sections 312, 313, 313A is contravened for empowering the Commissioner to initiate proceedings under Section 314 of the MMC Act.
