Supreme Court of India Judgements

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Category: Municipal Laws

Municipal Laws

The Mumbai Municipal Corporation Act, 1888 – the capital value of the land and building must be based on situation “in presenti”- in projects which are in progress, the value addition to the property would be ongoing feature. However, it would mean that the governing principle must be the actual use and not the intended use in future.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS — Appellant Vs. PROPERTY OWNERS’ ASSOCIATION AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI.…

Municipal Laws

Maharashtra Municipal Corporations Act, 1949 – Commissioner of the Municipal Corporation will have the power to suspend or initiate departmental proceedings against an Additional Municipal Commissioner (AMC), who is an officer, superior in rank to the Assistant Commissioner

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALYAN DOMBIVALI MUNICIPAL CORPORATION — Appellant Vs. SANJAY GAJANAN GHARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

Municipal Laws

Such communication has come on record from the official source which would carry presumption of correctness under Section 114 of the Indian Evidence Act, 1872 that the official acts have been regularly performed. The original record was not necessarily required to be proved by summoning the Government officials as such document was produced by the officials of the Municipal Committee from the official record.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE MUNICIPAL COMMITTEE, BARWALA, DISTRICT HISAR, HARYANA THROUGH ITS SECRETARY/PRESIDENT — Appellant Vs. JAI NARAYAN AND COMPANY AND ANOTHER — Respondent ( Before :…

Municipal Laws

Constitution of India, 1950 – Article 243Q(2) – Rajasthan Municipalities Act, 2009 – Section 5 – Public notification – Declaration of Gram Panchayat as a Municipal Board – HELD State Government had exercised powers to establish Municipality in terms of Section 5 of the Municipalities Act – Order of High Court is clearly erroneous and unsustainable in law – Appeal allowed.

Mar 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. ASHOK KHETOLIYA AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal…

Municipal Laws

Rights of the Council are to administer the properties as a delegate of the Government of India and not as an owner as there were no transfer of rights in the markets in favour of the Council. Markets transferred by the Government of India to the Council have to be dealt independently and separately than the properties owned by the Council as the Council has no title over such markets as it has been asked only to manage them on behalf of the Government of India – Order of eviction upheld.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW DELHI MUNICIPAL COUNCIL — Appellant Vs. GANGA DEVI AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Municipal Laws

Demolition of building – Damages – Finding of the High Court that the building was demolished without giving clear three days’ notice is partly correct – Once the order was passed by the Corporation on 5.1.1995 and was put on the means of communication, the date of actual receipt of notice is insignificant as the receipt could be delayed by the recipient, though there is no such attempt or finding. Rupees 5 Lakhs as compensation granted.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABDUL KHUDDUS — Appellant Vs. H.M. CHANDIRAMANI (DEAD) THR LRS. AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…

Municipal Laws

West Bengal Municipal Act, 1996 – Sections 217 and 218 – Demolition of illegal construction – Sanction of building plan was cancel by municipal authorities – There is no error committed by the High Court in holding that the order by which action was directed to be initiated under Section 218 of the Act for demolition of the structure does not survive as the basis of the said order was the order passed by the Municipality.

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEBABRATA SAHA — Appellant Vs. SERAMPORE MUNICIPALITY AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil Appeal…

Municipal Laws

Development Control Rules for Greater Bombay, 1967 – Claim for construction of open spaces – Open spaces are required to be left for an approval of layout or for the purpose of creating lung space for the owners of other plots where constructions are permitted. HELD It is fairly well settled that in an approved layout, the open spaces which are left, are to be continued in that manner alone and no construction can be permitted in such open spaces. Appeal dismissed.

Apr 18, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH ANJUMAN E SHIATE ALI AND ANOTHER — Appellant Vs. GULMOHAR AREA SOCIETIES WELFARE GROUP AND OTHERS — Respondent ( Before : Mohan M.…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw