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Illegal construction of community hall on reserved land for playground – Illegal permission by MHADA & BMC – Inquiry

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Permission for construction of community hall on large land at Ghatkopar reserved for playground under DCPR 2034 is illegal.

HELD that this is yet another case which highlights the BMC’s deliberate and wilful inaction permitting illegal constructions.  BMC simply stops after issuing notices and takes no preventive action to stop illegal construction.   This inaction encourages and promotes illegal construction.  In this case, it also involves MHADA.

We find that this is a gross case of illegal and unauthorized construction.

It is also modus operandi to challenge the notices in the city civil court and pray for injunction.   In our view, when a Civil Court receives a plaint and stay application, challenging the notices under section 351 or 354 of BMC Act or similar provisions of MMC Act, 1949, it must first determine whether the parties have exhausted the statutory remedies available to them.

The trial Court must also address the issue of jurisdiction by examining the averments in the plaint.   The Civil Court is duty bound to take cognizance of the legal bar whether or not such an objection is raised by any party thereof.

Judgment dated 17.4.2025 of the High Court of Bombay in Writ Petition No.2174 of 2024 (AS) of Snehdeep Krida Mandal and others   vs.  MHADA and others

 

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