Bombay High Court

Mumbai Court: Businessman's Property Notice Canceled Due to Procedural Errors

Updated
Feb 9, 2026 3:39 PM
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Summary: On January 20, 2026, Judge Jitendra Jain canceled a notice issued by the Municipal Corporation of Greater Mumbai about a property in Borivali. The notice was considered invalid because of mistakes in the process.

The Case Begins

Sailappan Sodali Muthu, a businessman from Mumbai, challenged a notice from the Municipal Corporation of Greater Mumbai. The notice, issued on April 28, 2008, claimed that his property was on a dumping ground owned by the city.

What the Notice Was About

The notice was under a rule that allows the city to remove illegal structures without warning if they block streets or public spaces.

"The notice under this rule dated April 28, 2008, is illegal, wrong, and has no effect."

Court's Findings

Judge Jitendra Jain found that the notice was missing important details. It didn't clearly say which rules were broken, as required by other parts of the law.

No Defense from the Corporation

The Municipal Corporation didn't give any written defense in court. This failure to explain their actions was a key reason for the court's decision.

Decision

The court ruled that the notice was issued "without proper thought." It was canceled on January 20, 2026, and the appeal was approved. However, the corporation can issue a new notice if they do it correctly.

"The order dated February 23, 2011, is canceled and removed."

What's Next?

The decision doesn't stop the Municipal Corporation from taking further action, but they must follow legal procedures correctly next time.