Bombay High Court Upholds Demolition of Illegal Industrial Shed in Kurla
Unauthorised structure can’t be tolerated: Bombay High Court refuses to protect illegal industrial shed in Kurla
Hindustan Times
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The Bombay High Court has upheld the Brihanmumbai Municipal Corporation's (BMC) demolition notice for an illegal industrial shed in Kurla, Mumbai. The court ruled that the structure, claimed to be pre-1962, lacked sufficient evidence to be considered authorized, emphasizing that illegality cannot be tolerated.
- 01The Bombay High Court upheld a demolition notice for an illegal industrial shed in Kurla, Mumbai.
- 02The shed, measuring around 1,773 square meters, was claimed to be pre-1962 but lacked evidence.
- 03The court emphasized that unauthorized structures cannot be protected.
- 04The BMC's arguments were supported by Tikka Sheets showing no prior construction.
- 05Repair permissions granted by the BMC did not prove the structure's legality.
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On Wednesday, the Bombay High Court upheld a demolition notice issued by the Brihanmumbai Municipal Corporation (BMC) for an illegal industrial shed located in Bail Bazar, Kurla, Mumbai. The court, led by Justice AS Gadkari and Justice Kamal Khata, stated that unauthorized structures cannot be tolerated or protected, reinforcing the principle that 'illegality is incurable.' The shed, covering approximately 1,773 square meters, was claimed by Siesta Industrial & Trading Corporation and other units to have existed before the April 1, 1962 datum line for non-residential structures. However, the BMC argued that Tikka Sheets indicated no construction existed prior to this date. The court found that the petitioners failed to provide clear evidence supporting their claims, leading to the rejection of their petition. The judges noted that while the BMC had previously granted repair permissions, this did not establish the legality of the structure.
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This ruling may lead to increased scrutiny of unauthorized structures in Mumbai, affecting businesses operating without proper permits.
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