Bombay Municipal Corporation Act, 1888 — Sections 354, 489 & 3(gg) –

August 26th, 2013

Bombay Municipal Corporation Act, 1888 — Sections 354, 489 & 3(gg) — Direction for repair of ruinous flat by appellate court — Writ of mandamus to get repaired, Maintainability of — Appellant, a member of respondent No.3/ Cooperative Housing Society Ltd — A portion of the roof of the flat allotted to the appellant collapsed and his mother suffered injuries — Complaint to the officers of the Municipal Corporation — Notice to the Chairman/Secretary of respondent No.3 directing to carry out repairs in the flat — Appeal against order passed by High Court in Writ Petition whereby the appellant’s prayer for issue of a mandamus to the Commissioner, Municipal Corporation (respondent No.2) to get the damaged portion of his flat repaired was rejected — Held, once the appellant succeeded in persuading the Cooperative Appellate Court to issue direction for repair of the flat in question, he had no locus to file the writ petition under Article 226 of the Constitution — Instead of filing a petition under Article 226, the appellant should have taken steps for effective execution of the order passed by the Cooperative Appellate Court — Division Bench of the High Court did not commit any error by relegating the appellant to the remedy of seeking execution of the directions passed by the Cooperative Appellate Court — Appeal dismissed — Constitution of India — Article 226.

(Para 21 & 22)

Makarand Dattatreya Sugavkar v. Municipal Corporation of Greater Mumbai[Bench Strength 2], C.A. No. 4821/2013 (Arising out of SLP (C) No. 16977/2011)(01/07/2013), 2013(8) SCALE 236: 2013(9) JT 396 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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