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october 1951

Supreme Court of India · 1951-10-05

COLLECTOR OF BOMBAY vs MUNICIPAL CORPORATION OF THE CITY OF BOMBAY AND OTHERS.

Citation / case number
SC 1950/66
Court
Supreme Court of India
Petitioner
COLLECTOR OF BOMBAY
Respondent
MUNICIPAL CORPORATION OF THE CITY OF BOMBAY AND OTHERS.
Bench
KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA,BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that the Government of Bombay could not assess land revenue on a site granted to the Corporation due to the principles of equitable estoppel and part-performance. Although the formalities of the Bombay City Land Revenue Act (II of 1876), Section 8, were not complied with, the Corporation had openly and uninterruptedly possessed the land for over 70 years, acquiring a limited title to hold the land perpetually free of rent for market purposes. The Court affirmed the High Court's decision that the Government's right to assess was limited by the prior resolution and the Corporation's long-standing possession.

COLLECTOR OF BOMBAY vs MUNICIPAL CORPORATION OF THE CITY OF BOMBAY AND OTHERS. · Niyam