| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Municipalities: U.P. Municipalities Act 224-C Sections 224-B 1916 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Municipalities: U.P. Municipalities Act, 1916; Sections 224-B, 224-C (As substituted by Act 45 of 1975) and Sections 224-A and 224-B Municipal Board--Water Supply Licence-Revocation of-property of licensee-Vesting of in Municipal Board-Held permissible only after sale is effected in terms of the Act--payment for property of licensee-Determination by Municipal Board under Section 224-C-Held under Proviso to Section 224-C Licensee is also entitled to prescribed rate of interest from the date of revocation of licence till date of payment.The appellant, who was granted a licence on 10.10.1935 under Sections 224-C and 224-A of the U.P. Municipalities Act, 1916 for providing water supply to certain areas of Aligarh, requested the Respondent-Board to revoke the licence by having recourse to Section 224-B(2)(a) of the Act so as to enable the Municipal Board to purchase the water works as provided for under Section 224-C of the Act. The Respondent-Board passed an order dated 1.4.1975 stating that (i) the appellant's licence was revoked with effect from 1st April, 1975 and the Management of the Aligarh Water Works will be taken over by the Municipal Board with effect from the same date; (ii) all property belonging to the appellant water-works shall vest in the respondent-Board with effect from 1st April, 1975 and (iii) that the value of the property belonging to the licensee shall be determined by the State Government in accordance with the provisions of the Act. The appellant decided to hand over the water works but disputed the statement of transfer and vesting of all water works in the Respondent-Board on the ground that vesting of appellant's property in the respondent-Board could take place only after the same was effected under Section 224-C of the Act. In the meanwhile Sections 224-B and 224-C were substituted by new Sections by Act. 45 of 1975. The appellant filed a writ petition before the High Court for directions to the respondents to pay fair market value for the property of the appellant as computed under the new Section 224-C which was dismissed. The High Court also rejected the appellant's contention that the new Section 224-C was violative of articles 19(1)(f) and 31 of the Constitution. The appellant preferred an appeal before this Court. |
| Judge | Hon'ble Mr. Justice N. Venkatachala |
| Neutral Citation | 1995 INSC 104 |
| Petitioner | M/s Noorulla Ghazanfarulla |
| Respondent | 1. The Municipal Board Of Aligarh, Aligarh 2. The State Of Uttar Pradesh, Lucknow 3. Sh. R.n. Mathur, Officer-on-special Duty, Nagar Palika, Aligarh. |
| SCR | [1995] 1 S.C.R. 978 |
| Judgement Date | 1995-02-07 |
| Case Number | 3459 |
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