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october 1964

Supreme Court of India · 1964-10-01

MUNCIPAL CORPORATION FOR GREATER BOMBAY vs LALA PANCHAM OF BOMBAY & OTHERS

Citation / case number
SC 1964/90244
Court
Supreme Court of India
Petitioner
MUNCIPAL CORPORATION FOR GREATER BOMBAY
Respondent
LALA PANCHAM OF BOMBAY & OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Sections 354R and 354RA of the Bombay Municipal Corporation Act, 1888, stating that the tenants' interest in the premises constitutes property under Article 19(1)(f) of the Constitution. The Court ruled that the provisions afford tenants an opportunity to object to clearance orders, thus the restrictions are reasonable. It was determined that tenants are 'persons aggrieved' and can appeal under Schedule GG, clause (2), but the High Court erred in allowing an amendment to the plaint that introduced a new case of fraud without basis.

MUNCIPAL CORPORATION FOR GREATER BOMBAY vs LALA PANCHAM OF BOMBAY & OTHERS · Niyam