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As per case facts, the Appellant challenged a lower court order which allowed the Municipal Corporation to demolish her structure, claiming it was unauthorized. The Appellant contended that her family
...had occupied the premises for decades, paid taxes, had electricity bills for many years, and held a shop and establishment certificate, arguing the structure was permanent and not an encroachment. She also filed a Contempt Petition alleging the Corporation partially demolished her premises despite a court stay. The Corporation maintained the structure was illegal, on a public street, and lacked necessary approvals, explaining the partial demolition as inadvertent, which they rectified. The question arose whether an unauthorized structure, despite long-term occupation and payment of incidental charges, could claim protection from demolition on public land and if proceedings under Section 314 of the BMC Act were valid for such an encroachment. Finally, the High Court ruled that the Appellant had no legal right or title to the unauthorized structure on public land. It affirmed that payments of utility bills or taxes do not legalize an illegal construction. The demolition notice under Section 314 was deemed valid, and the Appellant's attempt to seek protection was an abuse of process. The Appeal was dismissed, and a significant cost was imposed, with directions for an inquiry into the municipal officers' prolonged inaction.
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