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february 2015

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.

Kandivali Co-Op. Industrial Estate & ... vs Municipal Corp. Of Greater Mumbai & Ors · Niyam