Court : Mumbai
Reported in : 2006(3)ALLMR338; 2006(3)BomCR557
..... and licence to third parties by the members. 4. on 29th march, 2001, the special notice being no. 312 of 2000-2001 was issued by the corporation under section 167 of the mumbai municipal corporation act, 1888 (for short, `the act') in respect of the year 2000-2001 stating that the assessment has been amended in the official year (1.4.2000 to 31.3.2001) increasing ..... years is beyond doubt. we respectfully follow this statement of law. however, the manner of amendment to the assessment list under section 82(3) of bombay municipal boroughs act, 1925 and section 167 of the bombay municipal corporation act, 1888 is different. 88. section 82(3) contemplates, upon fulfilment of the conditions set out in sub-section (1), the notice to be given to the aggrieved ..... construction of the building by taking the market value of the land? the supreme court considered the provisions of the bombay municipal corporation act, 1888 and the bombay rent act. the property was found to be governed by the provisions of the bombay rent act. in this backdrop it was held that what was required to be considered was what would be the hypothetical tenant be ..... though the assessment is of the entire building as one property. (v) the conjoint reading of sections 166 and 167 of the bombay municipal corporation act, 1888 does not suggest that the alteration in the assessment book under section 167 could override the existing authenticated entry in the assessment book after following the procedure again as contemplated .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR313; 2008(2)BomCR250; (2008)110BOMLR495
..... commissioner and the authority are deemed to be the municipal commissioner and the municipal corporation respectively under the mumbai municipal corporation act, 1888 and the regional and town planning act of 1966, for the purpose of preparing and executing a project or scheme. the state legislature was conscious of the ..... the development of infrastructure. clearly the position is to the contrary. the mmrda as the statutory authority which is vested with the powers of the municipal commissioner under the mumbai municipal corporation act, 1888, when a project of infrastructure is being developed is equally concerned with unauthorized construction. a proliferation of unauthorized constructions is liable to obstruct seriously ..... related or incidental to the execution of an infrastructure project. this, however, is not to include other items specified in sections 61 and 63 of the mumbai municipal corporation act, 1888. the effect of sub-section (2) of section 17 is to bring about a deeming fiction. the fiction created by the legislation is that the metropolitan ..... related or incidental for the execution of such infrastructure project or scheme and shall not include other items specified in sections 61 and 63 of the mumbai municipal corporation act, 1888 (bom. iii of 1888). (2) for the purposes of preparation and execution of a project or scheme under sub-section (1), the metropolitan commissioner and the authority .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(5)BomCR536; 2008(12)SCALE29; (2008)10SCC246; 2008AIRSCW6168; 2008(6)Supreme371; 2008(5)LH(SC)3149
..... no. 1 herein challenged the permission granted to various advertising agencies for display of hoardings in breach of the guidelines framed by the municipal corporation of brihan mumbai under sections 328 and 328a of the mumbai municipal corporation act, 1888, hereinafter referred to as 'the 1888 act', and the provisions of the other enactments mentioned hereinabove. in fact, the writ petitioner also challenged the provisions of the guidelines which had ..... in the city. however, all the actions taken by the respondents in permitting erection of hoardings, either fixed or otherwise, appear to have been taken within the confines of the mumbai municipal corporation act, 1888. while generally considering the complaint made by the respondent no. 1 in her writ petition, the bombay high court has tangentially taken up another issue involving the eligibility under the ..... authorities in granting licences for mobile hoardings, purportedly in violation of the provisions of sections 308, 328 and 328a of the mumbai municipal corporation act, 1888, section 116 of the motor vehicles act, 1988 and the provisions of the maharashtra (urban areas) preservation of trees act 1975. the writ petition appears to have been filed on account of the writ petitioner's concern regarding the destruction of .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(1)ALLMR639; 2007(3)BomCR192
..... 1974'). respondent no. 2, the executive engineer of the authority, had issued notices dated 13.4.2006 under section 351 of the mumbai municipal corporation act, 1888 (for short, 'the act of 1888'). the appellant did not submit any reply or produce documents to prove that the suit structures exist since prior to datum line. the authority, ..... activities related or incidental for the execution of such infrastructure project or scheme and shall not include other items specified in section 61 and 63 of the mumbai municipal corporation act. (2) for the purposes of preparation and execution of a project or scheme under sub-section (1), the metropolitan commissioner and the authority shall be deemed ..... to be the municipal commissioner and the corporation, respectively, under the mumbai municipal corporation act and the maharashtra regional and town planning act, 1966, and shall, respectively, exercise the powers of the municipal commissioner and the corporation under the said acts.9. before i proceed further, it needs to be noted that the ..... parties on the question raised in this appeal. 17.(1) notwithstanding anything contained in this act or the mumbai municipal corporation act or any other law for the time being in force, the authority may, in consultations with the municipal commissioner of the brihan mumbai municipal corporation, prepare any project or scheme with a view to provide an infrastructure within the territorial .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(3)BomCR123; 2005(2)MhLj1039
..... had directed the deputy municipal commissioner to hear the noticee and pass orders. the petitioner, it was alleged, passed an order in favour of ..... in considering the first submission which has been urged on behalf of the petitioner, it would be necessary to advert to the provisions of section 80a of the mumbai municipal corporation act, 1888 which provides as follows, in so far as is material: '80a. power of appointment in whom to vest.-(1) the power of appointing ..... in exercise of powers conferred by rule 14 of the mumbai municipal corporation pension rules, 1953. four articles of charge were framed against the petitioner and briefly, the allegations against him were as follows : i) in pursuance of a notice which was issued by the corporation under section 351 of the mumbai municipal corporation act, 1888 in respect of an unauthorized construction, the city civil court ..... petitions are substantially similar and these are as follows : (i) as deputy municipal commissioner in the first case and as ward officer in the second, the two municipal officers were of a rank above the executive engineer within the meaning of section 80-a of the mumbai municipal corporation act, 1888. rule 5(1)(a) of the pension rules, 1953 defines the expression ' .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2010SC5; 2010(1)BomCR87; (2009)8MLJ1554(SC); 2009(14)SCALE247; (2010)1SCC620; 2010(1)LC21(SC); 2009AIRSCW7528
..... dated 08.06.2007 no. gm/agm(c)/114/2007.148. no. 148 - resolved: 'that approval be and is hereby given, as required under section 460 k(e) of the mumbai municipal corporation act, 1888 as amended upto date of extend the contracts as proposed in para no. 6 to 9, except sub-para (b) of para no. 9 of the note to the committee ..... 'mmc act'). aggrieved by the said order, the best has filed s.l.p.(c) no. 363 of 2009, prithvi associates has filed s.l.p.(c) no. 426 of ..... jalan of mumbai and set aside the work orders/contracts awarded to bennett coleman & co. ltd.- respondent no. 4 and prithvi associates- respondent no. 5 by the brihan mumbai electric supply & transport undertaking (hereinafter referred to as the 'best') in respect of bus queue shelters and directed the best to invite fresh tenders as required under section 460m of the mumbai municipal corporation act, 1888 (in short ..... justified in awarding work order/contract in favour of respondent nos. 4 & 5 without resorting to public tender?(ii) whether proviso to sub-section (2) of section 460m of the mumbai municipal corporation act enables the best to award contract without inviting tenders?(iii) whether the high court is justified in setting aside the work order/contract to respondent nos. 4 & 5 and directing .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2005Bom245; 2005(3)ALLMR517; 2005(3)BomCR663; 2005(2)MhLj727
..... the recovery of the sum of rs. 25,51,520/-. that led to the institution of these proceedings. 3. the petitioners relied upon the provisions of section 209 of the mumbai municipal corporation act, 1888 and submitted before the court that the attachment which has been levied as well as the auction sale that was threatened was on account of the defaults of other flat ..... filed an affidavit in these proceedings of the deputy assessor and collector on 21st february 2005. the affidavit notes that under sections 140 and 154 of the mumbai municipal corporation act, 1888, the corporation treats a property which has been developed as one unit. however, there are frequent complaints from co-operative societies to the effect that on account of a default by a ..... compliance with the directions which were issued by the court during the pendency of these proceedings is in implementation of its obligation under section 209a of the mumbai municipal corporation act, 1888. the object of section 209a is to ensure that the general body of members who comprise of a co-operative housing society should not be made to suffer on account ..... of respondent nos. 6, 7 and 18 states that an amount of rs. 8,285/-will be paid to the municipal corporation within a period of one week from today. in so far as future payments are concerned, the municipal corporation shall now act in pursuance of its statement made on affidavit before this court. in the interim order of this court dated 14th october .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555
..... entered into and the guidelines framed in the year 2000 are applicable. their entire reliance is on the provisions of sections 328 and 328a of the mumbai municipal corporation act, 1888. the corporation had the power to issue licences or permissions for display of hoarding which is equally applicable even to mobile hoarding vehicles. the ..... hazardous much less dangerous to the public and should not be disadvantageous to the public health. mumbai municipal corporation act, 1888 (hereinafter referred to as 'act') had been subjected to innumerable amendments over a period of time primarily with the object to consolidate existing municipal laws and to recast and explain its provisions in harmony with the requirements of so large and ..... of section 8(4) of the maharashtra urban areas tree preservation act, 1975 was challenged and further had prayed for an order and ..... law of the land, were disturbing the heritage and environment of mumbai. various prayers had been made in the petition in relation to removal of hoardings, they being violative of provisions of the motor vehicle act, 1988, the guidelines being violative of the provisions of the mumbai municipal corporation act, 1888 and for a direction that all hoardings be removed. even validity .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(4)ALLMR635; 2003(6)BomCR618; 2004(1)MhLj27
..... the learned advocates for the parties. perused the records.2. the petitioners challenge the notices dated 16-3-2000 issued under sections 162 and 167 of the mumbai municipal corporation act 1888 (hereinafter called as 'the said act') as well as the order dated 22-1-2001 in relation to revision of rateable value as well as assessment of tax and the warrant of attachment dated ..... in the unreported decision of the division bench in the matter of naman developers pvt. ltd. and anr. v. municipal corporation of greater mumbai and ors. in writ petition no. 2465 of 2001 delivered on 19th august 2002, the learned advocate for the corporation has submitted that the said decision clearly explains the law on the point and it has been held that the ..... vacant during the period under consideration. as the said company did not lead any evidence about the hypothetical rent of any part of land, the assessor and collector of bombay municipal corporation determined the market value of the whole land as rs. 62020/- at rs. 10 per sq. yd. he then calculated the hypothetical rent by taking a rate of interest of ..... for land under construction as vacant land than the remaining land simpliciter has to be questioned by the aggrieved party in a statutory appeal provided under section 217 of mmc act, 1888 which is in the nature of original proceedings.'11. it is thus clear that while the apex court in polychem case taking into consideration that the revision of rateable value .....Tag this Judgment!
Court : Mumbai
Reported in : 2004(2)MhLj284
..... v. s.g. shekharrao, bearing criminal appeal no. 1461 of 1968 (an unreported judgment) even infotech unit also falls under purview of section 2 of the factories act as also section 390 of the mumbai municipal corporation act, 1888 and therefore, this petition be dismissed.9. shri saste, a.p.p. appearing for the state of maharashtra submitted that the court may pass an appropriate order ..... 1988, whereby the learned magistrate took cognizance of the complaint, which was filed by shri r.s. chavan, legal assistant, bombay municipal corporation alleging that the petitioner has committed the offence punishable under section 390 of the mumbai municipal corporation act, 1888 (hereinafter referred to as act for convenience) and initiated criminal prosecution against the petitioner. he prayed for quashing the said proceeding.2. the petitioners are having ..... of the sales tax, exemption from getting n.o.c., exemption in stamp duty etc. it is high time that the corporation has to seriously think whether they are going to stick up to atmosphere pertaining to year 1888 when mumbai municipal corporation act was brought in existence.18. the law provides that the penal provisions cannot be applied adversely to such units which are enjoying .....Tag this Judgment!