The litigation started with the issuance of notice dated 20.02.2001 under Section 314 read with Section 394 of the Mumbai Municipal Corporation Act, 1888 to Nawab Ali Suleman, predecessor-in-interest of the appellants. The suit was decreed by the Trial Court on 29.09.2011 holding notices dated 17.01.2004 and 22.06.2007 and order dated 25.06.2007 illegal. After hearing learned counsel for the parties, in our view, the present appeal deserves to be allowed without going into much details for the reason that admittedly, the appellants were found to be in possession of the property in dispute from the year 1976 onwards as per census certificate dated 24.05.1978. Instead of relegating the parties to litigate further, in our view, the present appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of the Town 5 Planning Scheme either for rehabilitation or payment of compensation.
Case Title: JAFFAR ALI NAWAB ALI CHAUDHARI Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI
Case Number: C.A. No.-007486-007486 / 2023
