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Supreme Court of India 2019-10-24 disposed

Municipal Corporation of Greater Mumbai & Ors vs Sunbeam High Tech Developers Private Ltd

Bench: 2 — Arun Mishra, Deepankar Dey

In Brief

The Supreme Court considered appeals challenging a High Court order directing reconstruction of structures demolished by the Municipal Corporation of Greater Mumbai. While the Court condemned the corporation's failure to follow statutory demolition procedures, it held that the remedy cannot itself violate law. The Court directed that instead of ordering reconstruction, the authorities should grant permission for legal construction complying with building by-laws within 60 days (variable by case). The judgment emphasized that mere long existence does not validate illegal constructions and that geomapping should establish evidence of illegality. Both appeals were disposed of with directions to the High Court.

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Constitutional Law Administrative Law Municipal Law Demolition Remedies Procedural Compliance

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