This Section, thus, makes it very clear that, the notice under Section 299 of the MMC Act can be issued, not only in respect of the open land, but also when such land is enclosed and which lies within the 'Regular Line of Public Street' and it is not occupied by a building or if a platform, verandah, step or some other structure external to the building abutting on a public street or a portion of a platform, verandah, step or other such structure is within the regular line of such street, then also, the Commissioner, after giving to the owner of the land or building, not less than 7 days clear written notice, of his intention so to do, take possession on behalf of the Municipal Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other such structure. The reading of this Section, therefore, makes it clear that, except for the main structure, other structures, which are not part of the main building, which even if standing on the land, for taking possession of such land, the notice under Section 299 of the MMC Act is valid.
IN THE HIGH COURT OF BOMBAY
Appeal From Order No. 595 of 2018 and Civil Application No. 787 of 2018
Decided On: 28.09.2018
The Municipal Corporation of Greater Mumbai Vs. Bhandup Amber Co-Operative Housing Society Ltd.
Hon'ble Judges/Coram:
Dr. Shalini Phansalkar Joshi, J.
Citation: 2019(1) MHLJ 836
