Supreme Court of India · 1977-05-06
TRUSTEES FOR THE IMPROVEMENT OF CALCUTTA vs CHANDRA SEKHAR MALLICK & ORS.
- Citation / case number
- SC 1976/61025
- Court
- Supreme Court of India
- Petitioner
- TRUSTEES FOR THE IMPROVEMENT OF CALCUTTA
- Respondent
- CHANDRA SEKHAR MALLICK & ORS.
- Bench
- BEG, M. HAMEEDULLAH (CJ),CHANDRACHUD, Y.V.,BHAGWATI, P.N.,KRISHNAIYER, V.R. & UNTWALIA, N.L.,FAZALALI, S.M. & KAILASAM, P.S.
Judgment text excerpt
The Supreme Court held that Sections 78A to 78G of the Calcutta Improvement Act, 1911, are constitutional and do not suffer from the vice of excessive delegation. The Court found that the High Court's decision to strike down these sections and Rules 11 to 21 was erroneous. The Court emphasized that the Board of Trustees has the authority to assess betterment fees under Section 78B, and the process followed was valid, thus allowing the appeal and reinstating the validity of the provisions in question.