#Mumbai Municipal Corporation Act

The Bombay High Court quashed municipal notices to acquire part of a privately owned factory for road widening. It ruled that Sections 297 and 299 of the Mumbai Municipal Corporation Act apply only to existing public streets, so they cannot be used to take private land that is not a street, protecting owners from unlawful acquisition.

Bombay High Court rules that replacing a roof with a different material (e.g., Ladi Coba slab instead of A.C. sheets) constitutes an 'alteration' under Section 354A of the Mumbai Municipal Corporation Act, mandating prior permission. The Court dismissed reliance on a 1987 circular, reinforcing strict compliance with statutory provisions for property modifications.

Bombay High Court rules that Section 209 of the Mumbai Municipal Corporation Act requires individual property tax billing based on rent shares, not collective liability. The Court quashed BMC demand notices issued to non-defaulting occupiers, limiting recovery to the defaulter and capping the petitioner’s liability at Rs. 67,071, reinforcing statutory compliance in municipal tax assessments.

The Bombay High Court ruled that land under construction, even with partial development activity, must be classified as vacant land for rateable value purposes under the MMC Act, invalidating assessments based on construction progress. This clarifies that water charges and sewerage taxes are separate obligations requiring actual infrastructure, impacting developers and municipal revenue officers across Mumbai.

Bombay HC ruled that absence of mens rea under Section 475A of the Mumbai Municipal Corporation Act shields office-bearers from criminal liability if repair efforts were underway and the notice was issued at the instigation of a defaulting member. The judgment underscores that statutory offences require proof of culpable intent, not mere procedural non-compliance, offering relief to housing society officials facing similar prosecutions.

The Bombay High Court ruled that municipal demolition orders based solely on photographic evidence cannot override documented proof of a pre-existing mezzanine floor. The judgment establishes that factual disputes over structural classification require full trial, protecting property owners from arbitrary enforcement under the Mumbai Municipal Corporation Act and reinforcing procedural fairness in urban development cases.

The Bombay High Court has ruled that municipal corporations cannot demolish structures in officially declared slum areas without violating the Maharashtra Slum Areas Act, 1971. Where demolition is found illegal, the affected resident has the right to reconstruct the dwelling, but compensation claims not raised in the original suit cannot be introduced for the first time on appeal.

Bombay High Court holds that owners of illegal mezzanine floors must deposit ₹20 lakhs to stay demolition, rejecting delay tactics under Section 351 of MMC Act.

Bombay High Court upholds municipal notice for demolition of dilapidated buildings, holding that public safety and TAC findings override minority objections in cooperative society redevelopment.

Bombay High Court holds that prolonged inaction by municipal authorities does not legitimize unauthorized structures; stay granted pending full hearing.