How to ascertain whether a person was doing minor repairs or unauthorized construction?

  In the plaint the appellant has admitted that he

was carrying out minor repairs and renovations. For

ascertaining whether what was being constructed by the

respondent was within ambit of Section 254 of the B.P.M.C.

Act or not, the appellant ought to have given details as to

what she was doing and what she meant by minor repairs and

renovations. If the repairs and renovations which she has

carried out are covered by Section 254 of the B.P.M.C. Act,

in that case the appellant ought to have given notice to the

Commissioner of her intention to make repairs or additions

etc. Admittedly, no such notice was given. It is also not

case that any plan, structural drawing etc. were submitted as

per Section 255 of the B.P.M.C. Act. Even in oral evidence

that is led by the appellant, nowhere it is explained what

‘repairs & renovations’ she was carrying out to make house

habitable and proper. In fact, the examination in chief is

nothing but almost copy of the plaint in the form of

affidavit. So, on the material before this Court and in

absence of any details, it cannot be said that the repairs or

renovations which the appellant was carrying out was not

covered by Section 254 of the B.P.M.C. Act. {Para 5}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 427 OF 2005

Ashabai Murlidhar Karpe Vs The Municipal Corporation of Aurangabad, 

CORAM : P.R. BORKAR,J.

DATED : 30.06.2009.

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