(a) Bombay Provincial Municipal Corporation Act (59 of 1949), S. 478 — Appellant's property was outside the limits of Pune Municipal Corporation — Appellant constructed a compound wall on the said property in the year 1969 — Said property included within the PMC limits in the year 1997 — On 3-4-2001, a notice under section 478 of the Bombay Provincial Municipal Corporation Act was issued to demolish the said compound wall — Construction of the compound wall was admittedly done prior to the inclusion of the area within the PMC limits and hence, ex-facie section 478 has no application — Held, the action of the Corporation of issuance of notice under section 478 was without jurisdiction.
(Para 10)
(b) Bombay Provincial Municipal Corporation Act (59 of 1949), SS. 253, 254 and 260 — Section 260 cannot be read in isolation and must be read with sections 253 and 254.
Where the construction of the compound wall by the appellant in the year 1969 and the reconstruction of the wall in the year 1992, after it was demolished by the Collector Pune, was prior to the inclusion of the appellant's land within the PMC limit in the year 1997, to none of these constructions either section 253 or section 254 will have any application. Section 260 cannot be read in isolation and will have to be read with sections 253 and 254. Section 253 provides that the notice should be given to Commissioner of intention to erect a new building whereas section 254 provides for notice to be given to the Commissioner of intention to make additions etc. To the existing building unless and until section 253 or section 254 applies, section 260 which provides for proceedings to be taken, for contravention thereof, can have no application.
(Paras 11 and 12)
(c) Bombay Provincial Municipal Corporation Act (59 of 1949), S. 487 — Suit instituted against Pune Municipal Corporation challenging notice issued under section 478 for demolition of compound wall constructed by the appellant on his property prior to the inclusion of the said property within the PMC limits — Action of the Corporation in issuing of notice under section 478 was without jurisdiction and de hors the provision of the Act — Issuance of notice under section 487 prior to the institution of the suit was not necessary.
(Para 14)
In the High Court of Bombay
Bombay Provincial Municipal Corporation Act, Section 478 : Applicability
(Bombay)
(Before G.S. Godbole, J.)
Ninad Sahakari Gruharachana Sanstha Maryadit, Pune Vs Pune Municipal Corporation
S.A. (St.) No. 24695 of 2011 with Civil Appln. No. 1298 of 2011
Decided on October 19, 2011
2011 SCC OnLine Bom 1406 : (2012) 2 Mah LJ 665 : (2012) 1 AIR Bom R 527 : (2012) 3 Bom CR 669 |
