9911796707
TMI Blog2019 (3) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... With R/SPECIAL CIVIL APPLICATION NO. 4539 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 4540 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 4554 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 4564 of 2019 - - - Dated:- 1-3-2019 - MS HARSHA DEVANI AND DR A. P. THAKER, JJ. R/SPECIAL CIVIL APPLICATION NO. 4579 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 4585 of 2019 For The Petitioner (s) : MR MIHIR JOSHI, and MR MIHIR THAKORE, SENIOR ADVOCATES with MR AMAR N BHATT (160) For The Petitioner (s) : MR AMAR N BHATT (160) And MR KUNAL P VAISHNAV (5111) COMMON ORAL ORDER ( PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. The learned advocate for the petitioners has tendered a draft amendment. The amendment is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld require certain regulatory control to be exercised on the part of the Corporation and for this purpose the Corporation would require maintenance of staff for processing of applications, for granting licence also, to periodically carry out inspection to ensure that the hoardings do not breach any of the legal provisions or other requirements laid down by the Corporation. The court held that for this purpose if the Corporation levies licence fee, the true character of fee has to be determined as a regulatory licence fee and licence fee cannot be characterized as compensatory in nature. 4. The attention of the court was invited to the letter dated 17.11.2018 of the Municipal Commissioner addressed to the Municipal Secretary wherein it h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits as may be specified in the law. It was submitted that in the present case, sub-section (2) of section 386 of the GPMC Act does not specify any limits and, therefore, the same is ultra vires the provisions of Article 243X of the Constitution. 7. Reference was made to Article 243ZF of the Constitution of India which provides that notwithstanding anything in that Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of that Part, shall continue to be in force un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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