High Court Dismisses Appeal and Contempt Petition in Demolition Dispute -- Petitioner Challenge to BMC's Demolition Order Under BMC Act Fails, Contempt Allegations Rejected

Nature of Litigation: Civil appeal against dismissal of interim injunction and contempt petition alleging breach of court order

Remedy Sought

The Appellant sought setting aside of the Trial Court's Order, interim injunction against demolition, and contempt action against BMC

Filing Reason

The Appellant challenged the BMC's Notice under Section 314 of the BMC Act for demolition of a structure, claiming long-standing occupation and legality

Previous Decisions

The Trial Court dismissed the Notice of Motion for interim injunction on 7th May 2024, and a stay order was granted by the High Court on 27th November 2024

Issues

Whether the Appellant was entitled to an interim injunction to restrain the BMC from demolishing the suit structure under the BMC Act Whether contempt proceedings should be initiated against the BMC for alleged breach of the court's stay order

Submissions/Arguments

The Appellant argued long-standing occupation since 1986, payment of taxes, documentary evidence like electricity bills and agreement, and that the Notice under Section 314 was invalid as it pertained to hawkers' stalls The BMC contended the structure was unauthorized, on municipal footpath, and violated the BMC Act, justifying the Notice under Section 314

Ratio Decidendi

The Court held that the Appellant failed to establish a prima facie case for interim injunction as the structure was unauthorized under the BMC Act, and long-standing occupation does not confer legality -- The Notice under Section 314 was valid -- Contempt was not made out as the alleged demolition occurred before the stay order and was rectified

Judgment Excerpts

The Court held that 'the Appellant failed to establish that the suit structure was a legal construction or that the land was non-agricultural' The Court held that 'the Notice under Section 314 of the BMC Act was valid and the BMC had the authority to remove unauthorized structures' The Court held that 'the Contempt Petition was without merit as the alleged demolition took place prior to the stay order and the structure was subsequently reconstructed'

Procedural History

The Appellant filed a suit in 2019, followed by a Notice of Motion for interim injunction -- The Trial Court dismissed the Motion on 7th May 2024 -- The Appellant filed an Appeal and Contempt Petition in the High Court -- The High Court heard arguments and reserved judgment on 28th January 2026, pronouncing it on 10th February 2026