Whether municipal corporation can be directed to reconstruct structure if it was illegally demolished?

 Despite request made by Mr. Rao not to pass drastic orders, we do not think that what we are doing is extreme much less illegal. We are doing nothing but following the rule of law. We, therefore, direct that, at the costs, charges and expenses of the KDMC the structures/constructions at the site should be reconstructed and restored to the same position as they were prior to their demolition and within a period of six weeks from today. Mr. Parshuram Kumawat, Designated Officer, "G" Ward, shall be personally liable to reimburse the KDMC with such costs, charges and expenses and must also face disciplinary proceedings, if any, to be launched against him.

IN THE HIGH COURT OF BOMBAY

Writ Petition Nos. 6046, 6047 and 6048 of 2018

Decided On: 26.06.2018

 Jaiprakash Vishwanath Jaiswal Vs. Municipal Corporation of Cities of Kalyan and Dombivali and Ors.

Hon'ble Judges/Coram:

S.C. Dharmadhikari and Bharati H. Dangre, JJ.

Citation: 2018(6) MHLJ 459

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Distinction between reconstruction and redevelopment

The plans under Regulation 67 cannot be approved except for repairs
"reconstruction" implies re-erecting the structure exactly as it was,
without any change, the term "redevelopment" involves an erection of
a new structure with a completely new plan, dimensions etc.

WRIT PETITION NO. 1469 OF 2009
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

Official Trustee, State of Maharashtra, Vs  Maharashtra Housing & Area Development Authority.

CORAM : S.J. VAZIFDAR, &
K.R. SHRIRAM, JJ.

THURSDAY, 06TH MARCH, 2014
Citation;2014(5) ALLMR 145,

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