Summary: The Bombay High Court decided in favor of Indu Oil and Soap Co., canceling a demolition notice from the Municipal Corporation of Greater Mumbai. The court found the notice unfair, as the company was only doing necessary repairs.
Indu Oil and Soap Co., with Mr. Rajesh Girdharilal Modi speaking for them, received a notice from the Municipal Corporation of Greater Mumbai. The notice claimed the company was illegally putting up a building. Sent on August 21, 2025, it demanded the company stop work and show permission within 24 hours.
The company, located at 5-A, Hansraj Lane, Byculla, Mumbai, said their building needed fixes to stop leaks during the rainy season. They planned to swap old tin sheets with new sheets on the roof and sides. Even though they informed the city officials on July 21, 2025, they got no reply and went ahead with the repairs.
"We wish to start tenantable repair work, replacing old sheets in our roof and along the sides to stop the leakages." - Indu Oil and Soap Co.
On October 7, 2025, the city officials tried to start demolition based on the notice. Indu Oil and Soap Co. argued that they were only doing necessary repairs, not illegal building work.
The court, led by Judges Ravindra V. Ghuge and Ashwin D. Bhobe, found the notice was given without proper thought. They ruled the repairs were legal and didn’t need extra permissions under Section 342 of the Mumbai Municipal Corporation Act.
"The work undertaken by Indu Oil and Soap Co. would fall within the meaning of tenantable repairs." - Judge Ashwin D. Bhobe
The court canceled the notice, saying it was unfair and ordered the Municipal Corporation of Greater Mumbai to pay Rs. 25,000 in costs to Indu Oil and Soap Co. The court also directed that this amount be donated to Shanti Avedna Sadan, as requested by the company’s lawyer.
This decision shows how important it is to tell the difference between needed repairs and illegal building, making sure businesses can take care of their properties without unnecessary trouble.
