2013 (5) ABR 343 ::(2013) 6 AllMR 297 (BOM) ::(2014) 1 Mah LJ 275

Bombay High Court

Hon'ble Judge(s): D. Y. Chandrachud, Suresh. C. Gupte , JJ

( A ) Mumbai Municipal Corporation Act (3 of 1888) S. 515 A (as inserted by Maha-rashtra Act 2 of 2012) — Unauthorised Construction — Removal of — Bar of jurisdiction of Civil Court — S. 515 A excluding jurisdiction of Civil Court in matter involving demolition of unauthorized construction — Constitutional validity of S. 515A — Adequate safeguards are provided in Ss. 351, 354A, both procedural and substantive to ensure due notice, opportunity to represent, consideration of cause shown and application of mind to relevant and germane circumstances — Reasoned order is required to be passed — Provisions of S. 515A providing for bar of jurisdiction neither arbitrary nor unconstitutional. Civil P. C. (5 of 1908), S. 9.Having regard to these well settled principles, it is not possible to accede to the submission that the bar of jurisdiction which has been enacted by Section 515A of Mumbai Municipal Corporation Act, 1888, as amended, is arbitrary or unconstitutional. The provisions of Sections 351 and 354A contain adequate safeguards, both procedural and substantive, to ensure due notice, an opportunity to represent, the consideration of the cause shown and an application of mind to relevant and germane circumstances. A reasoned order must be passed. The legislature was, acting in public interest in ensuring that the urgent need of taking expeditious action against unauthorized constructions does not get lost in a maze of dilatory re....