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1 - 7 of 7 (0.18 seconds)Section 478 in The Bombay Provincial Municipal Corporations Act, 1949 [Entire Act]
Section 254 in The Bombay Provincial Municipal Corporations Act, 1949 [Entire Act]
Section 264 in The Bombay Provincial Municipal Corporations Act, 1949 [Entire Act]
Jayeshkumar G. Vyas And Ors. vs Vijay Housing Development And Anr. on 21 December, 1993
In the matter of J.G.Vyas and Ors. v. Vijay Housing Development and Anr. 1994 [1] GLR 377, this Court has held that the demolition of a structure entails serious consequences on the rights of the owners and occupiers and may affect livelihood if any vocation is carried out in such place. It would, therefore, be obvious that before making any demolition order, a hearing is required to be given to the persons concerned. The Court further observed that from the provisions of the Sections 260 and 478 of the Act, no intention of the Parliament can be culled out to exclude the rule of hearing. Section 254 in its true spirit provides that every person who intends to do a particular act shall give notice to the Commissioner in the form prescribed in by-laws containing all such informations as may be required to be furnished under the by-laws. Such permission may be granted by the authority; in case it is found that the permission is being violated and constructions are being raised contrary to the sanctioned plans, then, Section 260, in the opinion of this Court, would cover the field. Section 260 of the Act reads as under:
The Municipal Corporation Of The City Of ... vs Ben Hiraben Manilal on 5 April, 1983
In the matter of Municipal Corporation of Ahmedabad v. Ben Hiraben Manilal , the Supreme Court had considered the effect and impact of Sections 260 and 478 of the Act and has also observed that both the sections can be read in juxtaposition. The Supreme Court observed as under:
Section 254 in The Maharashtra Municipal Corporations Act, 1949 [Entire Act]
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