Supreme Court of India · 2001-08-23
Municipal Corpn. Of Greater Bombay & Ors vs Hindustan Petroleum Corpn. & Anr
- Citation / case number
- AIR 2001 SUPREME COURT 3630
- Court
- Supreme Court of India
- Petitioner
- Municipal Corpn. Of Greater Bombay & Ors
- Respondent
- Hindustan Petroleum Corpn. & Anr
- Author
- V. N. Khare
- Bench
- V.N. Khare, B. N. Agrawal
Judgment text excerpt
The Supreme Court held that under Section 170 of the Mumbai Municipal Corporation Act, 1888, the Corporation is entitled to levy sewerage charges for the maintenance of drains, even if the drain does not formally vest in it, provided it is assigned the duty of maintaining such drains. The Court found that the High Court erred in ruling that the drain did not belong to the Corporation and in failing to recognize the Corporation's authority under Section 231 of the Act. Consequently, the Supreme Court allowed the appeals and set aside the High Court's order.