In Brief
The Municipal Corporation of Greater Mumbai removed six food/pan stalls from Bandra Station Road without notice, claiming they were erected on public sewers in violation of municipal law. The respondents challenged this, arguing they held health licenses and the action violated natural justice and Article 14. The High Court allowed their petitions and ordered the Corporation provide alternate sites. The Supreme Court reversed, holding that Section 314 of the Mumbai Municipal Corporation Act authorizes removal without notice for structures erected on streets or sewers without the Commissioner's permission. A health license does not legalize the structure itself. No legal duty exists to provide alternative sites absent a governing scheme or policy."
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