Unauthorised stalls on municipal sewer line may be removed without notice; licences do not validate illegal construction.

Section 312 of the Mumbai Municipal Corporation Act, 1888 prohibits erection of structures on a street or over drainage or other municipal utilities without the Commissioner's permission, and Section 314 authorises removal of such unauthorised structures without notice. The stalls in question were found to be on a sewer line or chamber, with no sanctioned plan or proof of the Commissioner's permission, so their removal was lawful. Health licences did not validate the construction or restrict action under Section 314. As the removal was valid, there was no basis for mandamus directing restoration, alternate allotment, or other relief under Article 226.

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Issues: Whether the removal of the stalls and structures under Section 314 of the Mumbai Municipal Corporation Act, 1888 was lawful and whether the writ petitioners were entitled to a mandamus for restoration or allotment of alternate sites.

Analysis: Section 312 prohibits erection of structures or fixtures on a street or over a drain, channel, well or tank so as to cause obstruction, encroachment, projection, or occupation, unless erected with the Commissioner's permission. Section 314 empowers the Commissioner to remove, without notice, structures erected in contravention of Section 312. On the material placed before the Court, the stalls were found to be standing on a sewer line or chamber, were not shown to have been erected with the Commissioner's permission, and no sanctioned plan was produced to establish legality. The existence of health licences did not legalise the erection of the stalls or fetter action under Section 314. Once the removal was held to be lawful, there was no legal basis for directing the Municipal Corporation to provide alternate land or restoration by way of mandamus under Article 226 of the Constitution of India.

Conclusion: The removal action was valid and the writ petitioners were not entitled to restoration, alternate allotment, or other mandamus relief.

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