2024 INSC 985 REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2024 [ARISING OUT OF SLP (CIVIL) NOS. 19602-19619 OF 2022]
MUNICIPAL CORPORATION OF GREATER
MUMBAI AND OTHERS … APPELLANTS
VERSUS
VIVEK V. GAWDE ETC. ETC. …RESPONDENTS
J U D G M E N T
DIPANKAR DATTA, J.
1. Leave granted.
2. The appellants are aggrieved by the common judgment and order dated
19th July, 20221 passed on a batch of writ petitions under Articles 226 and
227 of the Constitution by a learned Judge of the High Court of Bombay.
3. The operative part of the impugned order expedites proceedings for eviction
pending before the Inquiry Officer under the Mumbai Municipal Corporation
Act, 18882 against the respondents in the manner directed within 12
months. This direction could not have and has not left the appellants
aggrieved; however, they are seriously aggrieved for an altogether different
1 impugned order, hereafter 2 Act, hereafter
2
reason, i.e. the learned Judge has framed points for determination by the
Inquiry Officer. According to the appellants, proceedings for eviction of
unauthorised occupants of public premises are summary in nature where,
upon a show cause notice being issued, the noticee is required to place his
defence which the Inquiry Officer, as the delegate of the Municipal
Commissioner, is required to consider, rea...