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april 1983

Supreme Court of India · 1983-04-05

THE MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD vs BEN HIRABEN MANILAL

Citation / case number
SC 1978/90361
Court
Supreme Court of India
Petitioner
THE MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD
Respondent
BEN HIRABEN MANILAL
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the notice issued under Section 260(1)(a) of the Bombay Provincial Municipal Corporation Act, 1949, was valid despite not referencing Section 478, as the notice could be justified under other provisions of the Act. The Court emphasized that a wrong reference does not invalidate the action if it can be supported by another lawful power. The judgment clarified that both the builder and the owner of unauthorized constructions can be held liable, affirming the lower court's decision to allow the appeal.

THE MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD vs BEN HIRABEN MANILAL · Niyam