AIR 1996 BOMBAY 304 ::(1996) 2 AllMR 383 (BOM) ::(1996) 1 Mah LJ 963

Bombay High Court

Hon'ble Judge(s): M. B. Shah , C.J. AND A. V. Savant , J

(A) Bombay Municipal Corporation Act (3 of 1888) , S.351(1)(a), S.351(1)(b)— Bombay Provincial Municipal Corporation Act (59 of 1949) , S.260(1)(a), S.260(1)(b)— Scope - Demolition of unauthorised constructions - Personal hearing is not a must in each and every case - Ss.351 and 260 are to be broadly interpreted - Commissioner may or may not give personal hearing after considering written statement. AIR 1993 Bom 291, Overruled.(1993) 1 Bom CR 213; AIR 1993, SC 1082 and AIR 1983 SC 537, Rel. on. Constitution of India , Art.226— (Para 8 14 15) (B) Bombay Municipal Corporation Act (3 of 1888) , S.351— Bombay Provincial Municipal Corporation Act (59 of 1949) , S.260— @page-Bom305Demolition of unauthorised structures - Procedure - Directions issued. It is directed that after 1st May, 1996 the Bombay Municipal. Corporation or the Municipal Corporations constituted under the B.P.M.C. Act would follow the following procedure before taking action under S.351 of the B.M.C. Act or under S.260 of the B.P.M.C. Act. (i) In every case where a notice under S.351 of the B.M.C. Act/under Sec. 260 of B.P.M.C. Act is issued to a party 15 days' time shall be given for submitting the reply. In ....