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september 1965

Supreme Court of India · 1965-09-23

MUNICIPAL BOARD, HAPUR vs RAGHUVENDRA KRIPAL AND OTHERS

Citation / case number
SC 1962/237
Court
Supreme Court of India
Petitioner
MUNICIPAL BOARD, HAPUR
Respondent
RAGHUVENDRA KRIPAL AND OTHERS
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court examined the validity of the water-tax imposed by the Hapur Municipal Board under the U.P. Municipalities Act, 1916, specifically Sections 131 to 135. The Court held that Section 135(3), which provides that government notification is conclusive evidence of legality, does not preclude judicial review and is not ultra vires Article 14 of the Constitution. The Court affirmed that mandatory provisions of the Act must be complied with for valid tax imposition, thus upholding the High Court's decision that the tax was illegal due to non-compliance with procedural requirements.

MUNICIPAL BOARD, HAPUR vs RAGHUVENDRA KRIPAL AND OTHERS · Niyam