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1996 (7) TMI 573 - SC - Indian Laws

Issues involved: Challenge to a notification under u/s 3 of the Bombay Provincial Municipal Corporation Act, 1949 bringing industrial estate within Solapur Municipal Corporation limits; Conflict between 1949 Act and Maharashtra Industrial Development Act, 1961.

Judgment Summary:

Challenge to Notification under 1949 Act: Two special leave petitioners challenged a notification bringing their industries within Solapur Municipal Corporation limits. High Court dismissed petitions citing no flaw in statutory provisions for municipal corporation enlargement.

Conflict between Acts: High Court found no conflict between 1949 Act and 1961 Act as they had separate operational fields. Petitioners argued similar objectives under both Acts regarding civic amenities, maintenance of public places. State Government had not withdrawn industrial area from Corporation's jurisdiction u/s 56 of 1961 Act.

Interpretation of Acts: High Court correctly concluded no conflict between Acts due to different legislative fields. Purpose of 1961 Act for industrial development and Corporation establishment, while 1949 Act aimed at better municipal government. Assembly debates did not support keeping industrial areas under 1961 Act until civic administration takeover.

Final Decision: Supreme Court found no merit in petitions and dismissed them without costs.

 

 

 

 

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