बृहन्मुंबई नगर निगम बनाम औद्योगिक विकास निवेश कंपनी
| Citation | (1996) 11 SCC 501 |
| Court | Supreme Court of India |
| Date | 17 October 1996 |
| Year | 1996 |
| Bench | G.N. Ray, G.T. Nanavati JJ. |
| Acts/Articles | Article 14, Article 21, Municipal Corporation Act |
| Category | Property & Land Law |
Key Principle Established
An unauthorized construction can be demolished by the municipal authority without prior notice only in exceptional cases. Normally, principles of natural justice require notice and hearing before demolition.
Properties were demolished by the Municipal Corporation as unauthorized constructions without giving prior notice to the owners.
The Court held that even in cases of unauthorized construction, principles of natural justice must be followed. The property owner must be given notice and reasonable opportunity of hearing before demolition, except in cases of immediate danger to life and property.
This judgment protects property owners from arbitrary demolition by municipal authorities and mandates due process even in unauthorized construction cases.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.