Bombay High Court halts property demolition & property auctions until 31st March.

On March 19, the Bombay High Court recommended that civic bodies in Maharashtra temporarily refrain from carrying out demolition or auction of property as courts, which are often shifted for relief in such matters, are already operating for restricted hours owing to the coronavirus epidemic.

A Division Bench of Justices S J Kathawalla and R I Chagla observed that despite the condition created by the global pandemic novel coronavirus (COVID-19), only urgent matters are being dealt with between 12 noon and 2 p.m.

The bench observed that most urgent matters relate to pursuing restraining orders against municipal corporations from demolition, eviction and conducting of attached property auctions.

The HC was hearing a petition filed by a housing firm against a notice of demolition issued by Greater Mumbai Municipal Corporation (MCGM).

We have a recommendation to discourage citizens who are grieved after receiving letters about demolition/eviction and/or holding auctions of attached properties and who are faced with no choice but to hurry to court. “We recommend that the Commissioner of Municipal Corporation of Greater Mumbai, as well as Commissioners of all Municipal Corporations in Maharashtra, adopt issuing a general guideline not to demolish, evict and/or conduct auctions of attached property for a given duration of time,” the court said in its order.

However, the bench added that if there are exceptional cases then the concerned company will move the relevant court and get required orders. The court said it is going to consider the further case on March 31.