The Bombay High Court has directed the Municipal Corporation of Greater Mumbai (MCGM) to pay ₹2 lakh in costs for demolishing a structure that served as a temporary shelter and food distribution point for cancer patients receiving treatment at Tata Memorial Hospital. The court held that the corporation's officers acted in an arbitrary, insensitive, and unlawful manner, violating fundamental principles of natural justice and legal procedure.
Justice Gauri Godse, delivering the verdict on April 4, 2025, observed that the officers did not follow the due process mandated by the Mumbai Municipal Corporation Act (MMC Act) or constitutional values such as the fundamental duties under Article 51-A of the Constitution of India.
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“In the absence of any due process, the corporation’s officers high-handedly, arbitrarily and insensitively demolished the plaintiff’s structure,” the court stated. “Hence, the appeal deserves to be allowed with costs. Considering the gravity of the illegal action taken by the corporation, the cost in favour of the plaintiff can be quantified at ₹2,00,000, which shall be paid by the corporation. The corporation would be at liberty to recover the amount of costs from the erring officers.”
The case arose when M/s. Mehta & Co., through its partner Mr. Adarsh Varma, approached the court after their shelter was demolished on January 4, 2024. The shelter, located adjacent to the hospital, provided essential services to underprivileged cancer patients. Although the structure stood on a municipal plot under redevelopment, the company was officially recognised in Annexure II of the rehabilitation scheme and had been found eligible for a 538 sq. ft. area in the permanent rehab plan.
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Despite being included in the scheme, the shelter was razed without any final notice or provision of alternate accommodation. The court noted that the demolition took place on the same day the plaintiff had notified the municipal body of their intention to seek urgent interim relief from the court.
The court further stated that the action of the corporation deprived not only the plaintiff of their rights but also affected cancer patients who relied on the shelter during their treatment in the city.
“In a city like Mumbai, it is very difficult to get temporary shelter. Thus, I have no doubt in holding that the action of demolition has not only deprived the plaintiff of his rights but also deprived the cancer patients of their right to temporary shelter at the time of taking treatment,” Justice Godse remarked.“Unholy haste shown on behalf of the corporation officers to demolish the structure without any intimation, and on the day when the plaintiff was to pray for interim relief before the court after notice to the corporation, smacks of mala fides and arbitrariness,” the judge said.
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The civic body had justified its actions citing redevelopment plans under Regulation 33(9) of the Development Control and Promotion Regulation 2034 (DCPR 2034). It claimed the plaintiff was non-cooperative and did not vacate the premises as required. However, the court rejected this defence, noting that no notice was served under Section 488 of the MMC Act, and there was no real offer of alternate transit accommodation.
Advocates Kunal Bhanage, Priyanka Acharya and Akshay Pawar appeared for the Plaintiff.
Advocates Chaitnya Chavan, Amol Diwte, Om Suryavanshi and Komal Punjabi represented the BMC.
Case Title: M/s. Mehta & Co. vs Municipal Corporation of Greater Mumbai (Appeal From Order 638 of 2024)
