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august 2001

Supreme Court of India · 2001-08-23

MUNICIPAL CORPN OF GTR BOMBAY vs HINDUSTAN PETROLEUM CORPN

Citation / case number
SC 1997/8429
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPN OF GTR BOMBAY
Respondent
HINDUSTAN PETROLEUM CORPN
Author
V. N. KHARE
Bench
B. N. AGRAWAL V.N. KHARE

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 drains do not belong to it, provided they are within its jurisdiction. The Court found that the High Court erred in ruling that the drain did not vest in the Corporation, thus reversing the High Court's decision and allowing the Corporation to recover the sewerage charges from the respondents. The judgment clarified the interpretation of municipal responsibilities under the Act, particularly regarding the maintenance and ownership of drainage systems.

MUNICIPAL CORPN OF GTR BOMBAY vs HINDUSTAN PETROLEUM CORPN · Niyam