Civil suits no longer a tool to protect illegal buildings

By Vivek Vashi and Prakritee Yonzon, Bharucha & Partners
0
2617
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

In the recent case of Prathamesh Tower Cooperative Housing Society Limited v Gorai Road (Borivali) Shree Ganesh Cooperative Housing Society Ltd And Ors, Bombay High Court held that when a civil suit is expressly barred under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act), a civil suit cannot be instituted as a means to perpetuate the continuing wrong/act of retaining an unauthorized and illegal construction. Instead, the aggrieved can resort to the alternative remedy which is self-contained and available under the provisions of MRTP Act or can invoke writ jurisdiction.

Although the decision as to the finality of the acts of the planning/local authority under the provisions of the MRTP Act is not novel, the court shed light on the use of civil suits as a means to protect and prolong illegal structures, and on the dilatory and mala fide intent of the builders and illegal squatters, thus raising the vigilance of the civil courts.

Facts of the case

The respondents were doing unauthorized construction work on a compound wall, and although they did not seek permission from the planning authority – the Municipal Corporation of Greater Mumbai (MCGM) – as required by law, they had oddly sought police protection for the work.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners, where Prakritee Yonzon is an associate.

Bharucha_&_Partners_logo

Bharucha & Partners Advocates & Solicitors

Cecil Court, 4th Floor, MK Bhushan Road

Mumbai-400 039

India

Tel: +91-22 2289 9300

Fax: +91-22 2282 3900

E-mail:sr.partner@bharucha.in

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link