Supreme Court of India Judgements

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Category: Municipal Laws

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.…

Municipal Laws

Maharashtra Regional and Town Planning Act, 1966 – Section 26 – HELD The High Court, mainly on the ground that the Planning Authority has not prepared a draft development plan within the time prescribed under Section 26 of the MRTP Act, has allowed the writ petition with a further direction that the competent authority shall undertake the remaining work relating to preparation of draft development plan and submit to the State Government for sanction. – We are of the view that the said aspects need not be gone into at this stage by this Court. Chapter III of the MRTP Act deals with the preparation of development plan and as per Section 38 of the MRTP Act development plan is to be revised at least once in twenty years. We are of the view that it is not a fit case to interfere with the impugned order under Article 136 of the Constitution of India.

Apr 18, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH THE MAYOR MUNICIPAL CORPORATION — Appellant Vs. GOVIND BAJIRAO NAVPUTE AND OTHERS — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash…

Municipal Laws

Mumbai Municipal Corporation Act, 1888 – Section 44 – Constitution of India, 1950 – Article 285 – Property tax – Liability -HELD This Court allow these appeals set aside the judgment of the High Court and held that the appellant is exempted and not liable to pay property tax under 1888 Act. However, the appellant is liable to pay services charges for the services rendered by the Corporation and it shall be open for the respondents to conduct an enquiry in accordance with provision of Section 144 of 1888

Mar 22, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. BRIHANMUMBAI MAHANAGAR PALIKA AND OTHERS — Respondent ( Before : Ashok Bhushan And M.R. Shah, JJ.…

Municipal Laws

Bombay Municipal Corporation Act, 1888 – Section 351 – Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Section 3Z(2)(i) – Transferable Development Rights – legal heirs of the original owner of the land were the petitioners in one writ petition and eleven persons claiming to be the tenants, were the petitioners in the other writ petitions – Insofar as persons claiming to be the owners of the land are concerned, the Municipal Corporation itself had conceded before the High Court that they were willing to offer TDR.

Feb 1, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS — Appellant Vs. PANNA MAHESH CHANDRA DAVE AND ANOTHER — Respondent ( Before : N.V.…

Municipal Laws

Body Corporates Like City Municipal Council/Corporation Can Be Prosecuted U/s 47 Water (Prevention and Control of Pollution) Act HELD “Offences by body corporate like City Municipal Council are covered under Section 49 treating it to be offence as by company as provided in Section 47.”

Nov 28, 2019 sclaw

Body Corporates Like City Municipal Council/Corporation Can Be Prosecuted U/s 47 Water (Prevention and Control of Pollution) Act: SC [Read Judgment] “Offences by body corporate like City Municipal Council are…

Municipal Laws

Insolvency and Bankruptcy Code, 2016 – Section 62 – Mumbai Municipal Corporation Act, 1888 – Section 92 and 92A -Resolution plan – Section 238 cannot be read as overriding the MCGM’s right – Indeed its public duty ­ to control and regulate how its properties are to be dealt with exists in Sections 92 and 92A of the MMC Act – there can be no estoppel against the express provisions of law .

Nov 17, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) — Appellant Vs. ABHILASHLAL AND OTHERS — Respondent ( Before : Arun Mishra, Vineet Saran and S. Ravindra…

Municipal Laws

Mumbai Municipal Corporation Act, 1888 – Sections 139, 140 and 169 – Water Charges Rules – Applicability of – High Court misread the impugned demand notices as being under Section 169 of the Act, when in fact the same were for recovery of property tax in the form of water benefit tax under Section 139 read with Sections 140 and 141 of the Act.

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI — Appellant Vs. HARISH LAMBA OF BOMBAY, INDIAN INHABITANT AND OTHERS — Respondent ( Before : A.M. Khanwilkar and…

Municipal Laws

Maharashtra Regional and Town Planning Act, 1966 – Held we have no hesitation in setting aside the order of the High Court in part and also set aside the finding recorded by the High Court that no deeming permission accrued under Regulation 6(4) of Development Control Regulations, 1991. In our opinion, deemed permission accrued, and concerning the determination of refuge area as per order dated 31.8.2016 passed by the Municipal Commissioner, no interference is called for

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHREE RAM URBAN INFRASTRUCTURE LTD AND ANOTHER — Appellant Vs. STATE OF MAHARASHTRA AND OTHER — Respondent ( Before : Arun Mishra and Vineet…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw