Bombay HC: The court should refuse to grant a temporary injunction to restrain demolition of construction if it is unauthorized

  It is true that in cases relating to orders for demolition of buildings, irreparable loss may occur if the structure is demolished even before trial, and an opportunity to establish by evidence that the structure was authorised and not illegal. In such cases, where prima facie case is made out, the balance of convenience automatically tilts in favour of plaintiff and a temporary injunction will be issued to preserve status quo. But where the plaintiffs do not make out a prima facie case for grant of an injunction and the documents produced clearly show that the structures are unauthorised, the court may not grant a temporary injunction merely on the ground of sympathy or hardship. To grant a temporary injunction, where the structure is clearly unauthorised and the final order passed by the Commissioner (of the Corporation) after considering the entire material directing demolition, is not shown to suffer from any infirmity, would be to encourage and perpetuate an illegality. {Para 31}

Bombay High Court

JUSTICE PRITHVIRAJ K. CHAVAN

Shantilal Chhogalalji Doshi & Anr. Vs. Municipal Corporation of Greater Mumbai & ANr.

APPEAL FROM ORDER NO. 8 OF 2021

18th February 2021

Citation: 2021 NearLaw (BombayHC) Online 177.

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