Supreme Court of India Judgements

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Category: Municipal Laws

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…

Municipal Laws

Mumbai Municipal Corporation Act, 1888 – Sections 337, 342, 347, 351, 351(2), 351(1A) and 351(ii) – Re-construction of building – When municipal corporation demolishes a structure in exercise of powers vested in it but in violation of the procedure prescribed, the High Court CANNOT  direct the ‘owner/occupier’ of the building to reconstruct the demolished structure

Oct 28, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNICIPAL CORPORATION OF GREATER MUMBAI AND OTHERS — Appellant Vs. M/S SUNBEAM HIGH TECH DEVELOPERS PRIVATE LTD. — Respondent ( Before : Deepak Gupta…

Municipal Laws

Haryana Municipal Corporation Act, 1994, S.87–User Charges-Municipal Corporation is competent to levy user charges for the use of municipal drain for the flow of waste water from the tube wells by installed by private institutions-Such user charges which are as per diameter of tube well does not amount to fee for which prior approval of State government is required.          

Mar 21, 2019 sclaw

2019(1) Law Herald (SC) 555 : 2019 LawHerald.Org 603 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Municipal Laws

State Government failed to appreciate that the decisions for publication of advertisements, calling for tenders and payment of salaries were made by the entire council and the President-Appellant could not be singled out for those decisions taken by the Council–Actions of the appellant, even if proved, only amount to irregularities, and not grave forms of illegalities, which may allow the State Government to invoke its extreme power under Section 41-A–removal orders, quashed–In the absence of a finding that any loss was caused, the decision of the State Government can not be sustained–Disqualification of the appellant expunged.      

Nov 23, 2018 sclaw

2010(1) LAW HERALD (SC) 474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 222 of…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw