Lawyers for stay of 351 demolition notice issued by MCGM | BMC Lawyers | MCGM ACT | 381 Notice | MRTP ACT
At Legaleye Associates, our bmc lawyers help clients in matters of demolition notices under sec. 351 of the MMC Act. Our BMC lawyers help clients on their disputes with the Mumbai Municipal Corporation (MCGM). Our lawyers take steps for obtaining urgent stay in respect of BMC demolition notice under section 351 for illegal construction. Depending on the facts of each case, one can challenge and prefer an application for urgent stay. One may challenge demolition action of Mumbai Municipal Corporation under Sections 351, 354 and 347 of the MMC Act. And, various other provisions under the Maharashtra Regional Town Planning Act (MRTP Act).
BMC lawyers at the Firm also help clients in matters related to section 381 of the MMC Act. Civil lawyers at the firm also assist clients in obtaining writ directions from the Hon’ble Bombay High Court.
IS CIVIL REMEDY AVAILABLE?
In a city with rampant illegal and unauthorised constructions, the provisions of Section 515A amendment aims to enable the designated officer of the Municipal Corporation to take fast action against unauthorized constructions. However, considering the large number of cases seeking protection in respect of the such action of demolition under Sec. 351 of the BMC Act. Also, to avoid a situation where an applicant is without a remedy, a civil remedy may be available subject to its merits.
Unless the Courts have the occasion to consider the plea of ousting the jurisdiction in light of each case. The civil court’s jurisdiction may not be not automatically ousted. “To non-suit somebody and prevent him from approaching a civil court merely because there is a statutory bar is not a correct understanding of the law”. Lastly, writ remedy under Article 226 may be available in a fit case.