Authority: Supreme Court of India
Order Date: 08-09-2026
Case Overview
- Petitioner: Krishna Kumar T. Tiwari filed Special Leave Petition (Civil) No. 16146/2026 challenging the confirming order of the High Court (FA No. 2427/2011) and the Trial Court.
- Respondent: Municipal Corporation of Greater Mumbai (MCGM).
- Dispute: Alleged encroachment or unauthorised construction on a plot claimed by the petitioner; petitioner asserts entitlement, respondent disputes the claim.
- Evidence: Both parties presented photographs showing the construction is old; respondent argues that a notice for removal must contain correct details.
- Procedural matters: Applications for condonation of delay in filing (43 days) and refiling (71 days) were made and heard before Hon'ble Mr. Justice S.V.N. Bhatti and Hon'ble Mr. Justice N.V. Anjaria.
Final Outcome
- The Court condoned the 43‑day filing delay and the 71‑day refiling delay.
- The Special Leave Petition is disposed of.
- MCGM is directed to issue a fresh notice with correct details of the alleged encroachment, receive the petitioner’s reply, and then proceed, while maintaining the status quo as on the date of the order.
- Any pending applications, if any, are also ordered disposed of.
Topics: Land Encroachment, Municipal Law