https://www.taxtmi.com/caselaws?id=195414 A writ court cannot directly order demolition of alleged unauthorised construction when the municipal statute vests the first decision in the Municipal Commissioner under Section 351 of the Mumbai Municipal Corporation Act, 1888. The statutory scheme requires notice, consideration of sufficient cause, and an opportunity of hearing before any removal, alteration, or demolition is directed. A stop-work notice under Section 354A does not replace the demolition process under Section 351. The court's mandatory demolition direction was therefore impermissible, and the matter had to be decided on merits by the Commissioner after hearing the parties. en-us Wed, 11 Oct 2006 00:00:00 +0530 Wed, 03 Oct 2018 15:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195414 A writ court cannot directly order demolition of alleged unauthorised construction when the municipal statute vests the first decision in the Municipal Commissioner under Section 351 of the Mumbai Municipal Corporation Act, 1888. The statutory scheme requires notice, consideration of sufficient cause, and an opportunity of hearing before any removal, alteration, or demolition is directed. A stop-work notice under Section 354A does not replace the demolition process under Section 351. The court's mandatory demolition direction was therefore impermissible, and the matter had to be decided on merits by the Commissioner after hearing the parties. Case-Laws Indian Laws Wed, 11 Oct 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195414