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...disposal, by consent and on the request of learned counsel.2. The challenge in these proceedings is to section 515-A of the Mumbai Municipal Corporation ...section 515-A of Mumbai Municipal Corporation Act, 1888, as amended, is arbitrary or unconstitutional. The provisions of sections 351 and 354-...hearing. The circular, therefore, provides a remedy to citizens to complain against unauthorized structures. Be that as it may, the City Civil Court was on its interpretation of section 515-A justified in ...
...discretion used by the City Civil Court, considering the scope of the suit after the amendment to Section 515-A of the Mumbai Municipal Corporation Act,...is a shed in front of restaurant/shop run by the Appellant. The Appellant has not been able to show that this structure is either erected with permission or protected under any policy. Therefore, the...dismissal of the appeal, the Appellant seeks to make an application for regularization, which request presupposes that the structure is not legal.4. The Appellant is not a rustic villager...
...Greater Mumbai, in Writ Petition No. 2243 of 2013 and others in respect of bar contained in section 515-A of the Mumbai Municipal ..., section 433A of the Maharashtra Municipal Corporation Act creating a bar of jurisdiction of the Civil Court, being relevant, is reproduced below:...barred by the Goa Command Area Development Act. Accordingly by the impugned order, the plaint was rejected.7. Section 50(1) of the Goa Command Area Development Act, 1997 provides a bar in...
....3. As far as the legal position is concerned, it is already clarified in several decisions of the Hon'ble Supreme Court and this Court and what we have noted is that section 515-A ..., for that bar to apply the Civil Court is obliged to consider the facts and circumstances in each Suit and then apply section 515-A of the Mumbai Municipal Corporation ...petitioner has challenged a notice issued by the respondent-Municipal Corporation of Greater Mumbai by invoking section 354-A of the Mumbai Municipal C...
...Petition no.2243 of 2013 and others in respect of bar contained in Section 515-A of the Mumbai Municipal Act and the position that the bar ...observed as under : 7. Now, section 433A of the Maharashtra Municipal Corporation Act creating a bar of jurisdiction of the Civil Court, b...was rejected. 7. Section 50 (1) of the Goa Command Area Development Act, 1997 provides a bar in respect of jurisdiction of the Civ...
...vague. The absence of a single material fact of jurisdiction, would entail the consequences of dismissal of suit, as barred by Section 433-A of the said Act."
.... Now, Section 433-A of the Maharashtra Municipal Corporations Act creating a bar of jurisdiction of the Civil Court, being relevant, is reproduced below :
...Mumbai Municipal Corporation Act, 1888 which is similarly worded as Section 264(1) of the Act of 1949, the aspect of justiciability was considered. In paragraph 13 of th...
...2013 SCC Online Bombay 832 :(2013) 5 AIR Bom R 343 upheld the constitutional validity of section 515-A of the Mumbai....
9.2) A Division Bench of our Court in Abdul Razzaq Sunsera V/s. Municipal Corporation of Greater Mumbai &...(BMC Act) which is pari materia with Section 433 of Maharashtra Municipal Corporations Act, 1949 (MMC Act) and in paragraph 17 has
10/17...
...vague. The absence of a single material fact of jurisdiction, would entail the consequences of dismissal of suit, as barred by Section 433-A of the said Act."
.... Now, Section 433-A of the Maharashtra Municipal Corporations Act creating a bar of jurisdiction of the Civil Court, being relevant, is reproduced below :
...Mumbai Municipal Corporation Act, 1888 which is similarly worded as Section 264(1) of the Act of 1949, the aspect of justiciability was considered. In paragraph 13 of th...
...about the conduct of the BMC's Officers. The Officers instructing the BMC's Advocate had failed to point out the provision under the BMC Act viz. Section 515-A that clearly bars Courts from entertaining Su...settled principles, it is not possible to accede to the submission that the bar of jurisdiction which has been enacted by section 515-A of Mumbai Municipal Corporation Act, 1888,..., Andheri East, ] Mumbai - 400 059. ] ...Petitioner V/s.
1. The Municipal Corporation of ] Greater Mumbai, a Body Corporate ] constituted under the B.M.C. Act, ] 1888 & havi...
....
19. Having regard to these well settled principles, it is not possible to accede to the submission that the bar of jurisdiction which has been enacted by section 515-A ...., (2014) 1 Mah LJ 275, upholding the constitutional validity of Section 515-A which bars jurisdiction of the Civil Court for entertaining..., as it is a routine approach of the BMC before the Civil Courts. The intention of legislature in introducing Section 515-A has been discussed by the Division Bench of this Court in great...
...serves public purpose to protect MCGM from avoidable litigations.17. The new legislative policy under section 515-a of the mmc act is to prevent institution of civil suits challengi...-a shall not be questioned in any suit or other legal proceedings.18. Division Bench of this Court upheld the constitutional validity of section 515-a of the mmc ...order to challenge the notice issued under section 354-A of the Mumbai Municipal Act, 1988. A Division Bench of this Court after considering the ruling...
...Jamdar, J.) was concerned with the challenges to the notices issued under section 351 and section 354 of the Mumbai Municipal Corporation Act, 1888. The challenge to the...under section 53(1) of the mrtp act was suddenly issued by the Assistant Commissioner, ‘H’ Ward of the defendant No. 1-Municipal Corporation of Greater Mumbai (hereinafter referred to for...of the mmc act to the filing of the suits. The bar under section 515-A is akin to the bar under...
...(Mah 40 of 1965) (hereinafter referred to as ‘the Municipal Councils Act’), the Government of Maharashtra hereby announces its intention to issue a notification under clause (d) of sub-...Section 6 of the Municipal Councils Act that the existing Jalgaon smaller urban area of Jalgaon Municipal Council shall cease to be a municipal area with effect from the date ...the notification issued under sub-section (2) of Section 3 of the Bombay Provincial Municipal Corporations Act, 1949 (Bom 59 of 1949), specifying Jalgaon larger urban area, which shall fo...
...appeared for the Lt. Governor contended that Section 238(1) of the Punjab Municipal Act did not contemplate and did not require, as a matter of interpretation, that any opportunity should be given...-General that, as a matter of interpretation, Section 238 of the Punjab Municipal Act did not contemplate and did not require that an opportunity should be given to the Committee before an order ...O. Chinnappa Reddy, J.— In exercise of the powers conferred by Section 12 of the Punjab Municipal Act, 1911, as applicable to New Delhi, the Lt. Governor of the Union...
...powers under Section 451 of the Bombay Provincial Municipal Corporations Act, 1949. The Commissioner allowed Monarch Infrastructure (P) Ltd. to furnish a certificate as to clause 6(b) by a charter...under Section 451 of the Municipal Corporation Act deleting clause 6(a) of the Tender Booklet is ultra vires the said section as it does not fall within its scope; (ii) the certificate fi...of the Government issued under Section 451 of the Bombay Provincial Municipal Corporations Act and awarded the contract in favour of Monarch Infrastructure (P) Ltd. The appellant Konark...
...matter in respect of which the provisions of this Act differ from the provisions of the Bombay Municipal Corporation Act, just now referred to, is that Section 8-A of th...petitions relate to the legality of certain proceedings taken under Chapter V-A of the Bombay Municipal Corporation Act and the Bombay Government Premises (Eviction) Act, 1955. Chapter V-...the Bombay Municipal Act, 1888 by Maharashtra Act 14 of 1961. That chapter contains Sections 105-A and 105-B (sic). According to the provisions of those sections the Commissioner in relation to...
...levied on the goods imported into Fateh Mandi. But this resolution was annulled by the Punjab Government under Section 236 of the Punjab Municipal Act. The Examiner of the Local Funds Accounts in the...Section 70(2)(c) of the Municipal Act, 1911, is quite in order and that no separate notification to this effect was necessary under the rules. Again on July 21, 1965, the Municipal Committee, Bahadurgarh...Reorganisation Act, by its memo dated October 30, 1967 approved the Resolution No. 6 dated July 21, 1965 of municipal committee and cancelled the municipal Resolution No. 1 of March 2, 1954. As a ...
.... Municipal Corpn., Greater Mumbai (2009) 17 SCC 151. In that case, a two-Judge Bench took cognizance of the National Policy on...rural population to the urban areas. A large section of the rural population has been forced to leave their habitat because of massive acquisition of land and substantial reduction in the number ...Municipal Corporation Act, 1957 and the Punjab Municipal Act, 1911 can hardly provide any regulatory measures to the enormous and complicated problem of street trading in these areas...
...Clauses Act. A proper and careful scrutiny of the language of Section 3(31) suggests that an authority in order to be a local authority, must be of like nature and character as a....5. Instead of following the procedure prescribed by the Act by way of a reference under Section 256 of the Income Tax Act, the respondent chose to file three w...the High Court, it was also contended by the respondent that it was a charitable institution and, therefore, its income was, in any case, entitled to exemption under Section 11(1) of the Act. This...
...-1958, Bombay Municipal Corporation had issued a declaration under Section 4(1) of the Bombay Town Planning Act, 1954 (hereinafter referred to as “the Act of 1954”), expressing its intent...appellants addressed yet another notice to the Municipal Corporation, Greater Mumbai under Section 127 of the MRTP Act stating therein that ten years' period had lapsed on 16-9-2001 and since no proceeding...constitute a “step” taken by the Municipal Corporation as provided under Section 127 of the MRTP Act. The Division Bench relying on a judgment of this Court in...