1983 (4) TMI 291 - SC - Indian Laws

Summary

Issues involved: Scope and ambit of power of Municipal authorities u/s 260 read with Section 478 of the Bombay Provincial Municipal Corporation Act, 1949.

Summary:
The appeal concerned the power of Municipal authorities under section 260 read with Section 478 of the Bombay Provincial Municipal Corporation Act, 1949. The case involved a dispute where the plaintiff had purchased a built-up house with unauthorized construction. The Municipal Corporation issued a notice under Section 260(1)(a) regarding the unauthorized construction. The plaintiff filed a suit for permanent injunction, which was decreed by the City Civil Judge and affirmed in the first appeal. The main issue raised in the Letters Patent Appeal was the validity of the notice issued by the Municipal Corporation.

The relevant provisions of the Act, specifically Section 260(1)(a) and Section 478, were analyzed. Section 260 dealt with the commencement of building work contrary to rules or bylaws, while Section 478 deemed works done without written permission as unauthorized. The Court considered whether the Municipal Corporation had the power to take action for demolition or removal of unauthorized construction, even if the person who built the structure was not the current owner.

The Court interpreted the provisions of the Act broadly to effectuate the legislative intent of regulating building construction for safety and well-being. It was emphasized that the purpose of the regulations was to prevent unauthorized construction and ensure compliance with rules. The Court held that the action taken by the Municipal Corporation was warranted under the Act, and the notice issued was not unauthorized or illegal. Consequently, the judgment of the High Court was set aside, and the respondent's suit was dismissed. The Court did not express an opinion on the delegation issue, and each party was directed to bear their own costs.

In conclusion, the appeal was allowed based on the construction of the Municipality's powers, with the assurance that minor infringements could be regularized upon proper application to the Corporation or Municipality concerned.