Supreme Court of India · 2015-02-04
Kandivali Co-Op. Industrial Estate & ... vs Municipal Corp. Of Greater Mumbai & Ors
- Citation / case number
- AIR 2015 SUPREME COURT 1434
- Court
- Supreme Court of India
- Petitioner
- Kandivali Co-Op. Industrial Estate & ...
- Respondent
- Municipal Corp. Of Greater Mumbai & Ors
- Author
- M.Y. Eqbal
- Bench
- Shiva Kirti Singh, M.Y. Eqbal
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's dismissal of writ petitions challenging the levy of Trade Refuse Charges (TRC) under Section 394 of the Mumbai Municipal Corporation Act, 1888. The Court found that the High Court correctly determined that the legality of TRC and whether the appellants generate trade refuse are disputed questions of fact not suitable for adjudication under Article 226. The Court affirmed the constitutionality of the TRC levy and the retrospective application from January 1, 2008, as reasonable and lawful.