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.