Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Municipalities – Bombay Municipal Corporation Act 1888 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Municipalities – Bombay Municipal Corporation Act, 1888 – ss. 297, 299 and 301 – Powers of the municipal body to maintain regular street line – Road line was fixed by the Municipal Corporation long back in the year 1988 by following procedure u/ s. 297 – Subsequently, Respondents served Notice dated 27.09.2006 upon appellant u/s.299 for taking possession of land – Another notice served on 01.03.2008 calling upon the appellant to surrender land as demanded in the previous notice – Appellant approached High Court for quashing and setting aside the said two notices dated 27.09.2006 and 01.03.2008 – High Court rejected the writ petition – Appellant raised various contentions before Supreme Court, firstly, no compensation was awarded in respect of earlier surrender of land when land was handed for fixation of road line in 1988; secondly, impugned notices were unsustainable in terms of s.299(2) as sanction was not obtained from Central Government before issuing notice; thirdly, procedure contemplated u/s.297(1),viz. issuance of public notice for fixation of road line was not carried out; and lastly, representation / objections of the appellant were not considered – Held: Not much material to show that appellant had been pursuing the issue relating to non-payment of compensation for the earlier surrender of land – Appellant cannot now introduce said aspect for purpose of impugning the notices in question – Sanction u/s. 299 is required only against taking possession of the land and building vested in a corporation constituted by law – Appellant was incorporated as a public limited company and registered under the Companies Act, 1956 – This cannot make it a corporation established by the law – So far as procedure contemplated u/s. 297 is concerned, the High Court apparently was seized of the said aspect as it found that regular line was fixed in the year 1988 by following the procedure – Appellant did surrender land based on the earlier demand and there was no case at that stage that the regular line was fixed without conforming to the mandate of s. 297 – Also, the appellant does not have a case that after the fixation of the regular line in the year 1988 as found by the High Court, there was a variation or change in the regular line and the same forms the basis for the impugned notices in the present case – Though appellant contended that there were vital installations and any interference with the same would prejudice the rights of many subscribers, besides interrupting the operations of the appellant, however, the issue raised relates to powers of the municipal body to maintain the regular street line which, in turn, is put in place to secure the highest public interest – This was thus an action on the part of the respondents which cannot be interfered with lightly – Public interest. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 488 |
Petitioner | Mahanagar Telephone Nigam Ltd. (east-i) |
Respondent | The Assistant Commissioner Bihanmumbai Mahanagarpalika And Ors. |
SCR | [2022] 16 S.C.R. 1045 |
Judgement Date | 2022-04-28 |
Case Number | 6745 |
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