PUNJAB MUNICIPAL ACT 1911

 

Contents

 

SN

Subject

 

CHAPTER 1

(PRELIMINARY)

1                   

Titles, Extent and Commencement

2                   

Repeal – Saving Clause

3                   

Definitions

4                   

Specification of local areas to be smaller Urban Areas or Transitional Areas and Constitution of Municipal Councils and Nagar Panchayats

5                   

Alteration of limits of Municipality

6                   

Section 6 [Omitted by Act 11 of 1994.]

7                   

Section 7 [Omitted by Act 11 of 1994]

8                   

Reservation of seats

8A

Reservation of offices presidents

9                   

Section 9[Omitted by Act 11 of 1994.]

10                

Section 10 [Omitted by Act 11 of 1994.]

11                

Section 11 [Omitted by Act 11 of 1994.]

12                

Composition of Municipalities

13                

Duration of municpalities

13A

Power of State Government to direct holding of general election - 1

14                

Dissolution of municipalities

15                

Resignation of member of committee

16                

Powers of the state government as to removal of members

17                

*****

18                

Incorporation of committee

19                

Officers, Servants and Members to be Public Servants

20                

Election of President and Vice-President

21                

1term of office of President and Vice-President

22                

Resignation [or removal]2 of President and Vice-President

23                

Casual vacancies in office of President or Vice-President

24                

Notification of election and oath or affirmation of allegiance

25                

Times of holding meetings

26                

Ordinary and special meeting

27                

Quorum

28                

Chairman of meeting

29                

Vote of majority decisive

30                

Record and publication or proceedings

31                

Bye-Laws

32                

Delegation of certain powers and functions of State Government

33                

Delegation of certain powers and functions of committees

34                

Appointment of wards sub-committees

35                

Extraordinary powers of President or Vice-President in case of emergency

36                

Joint committees

37                

Vacancies and irregularities not to invalidate proceedings

38                

Constitution of municipal services

39                

Employment of other officers and servants

40                

**********

41                

Powers to demand punishment or dismissal

42                

Power to prevent extravagance in establishments

43                

Pensions, leave allowances and provident fund

44                

Pension, etc. in case of service partly under the Government and partly under committee

45                

Notice before discharge

46                

Authority to contract

47                

Mode of executing contract and transfer of property

48                

Penalty on member, officer or servant being interested in any contract made with a committee

49                

Suits against committee and its officers

50                

Liability of members of the committee

CHAPTER III –A 9

(FUNCTIONS OF THE MUNICIPALITIES)

50A

General powers of municipalities

50B

Powers and authorities of municipalities

CHAPTER IV

(MUNICIPAL FUND AND PROPERTY)

51                

Constitution of municipal fund

52                

Application of fund

53                

Payment of salary to president out of funds

54                

Custody of municipal fund

55                

Investment of same

56                

Property vested in committee

57                

Management of public institutions

58                

Acquisition of land

59                

Transfer to government of property vesting in committee

60                

Saving of Act XI of 1879

CHAPTER  V

(TAXATION)

61                

Taxes which may be imposed

62                

Procedure to impose taxes

62A

Power of Government in taxation

63                

Preparation of assessment list

64                

Publication and completion of assessment list

65                

Public notice of time fixed for revising assessment list

66                

Settlement of lists

67                

Further amendments of assessment list

68                

Preparation of new assessment list

68A

Power to amend assessment list in certain cases

69                

Tax not invalid for defect of form

70                

Power of the committee in regard to taxes

71                

Powers of the State Government in regard to taxes

72                

Remission of tax on unoccupied immovable property:

73                

Duty of furnishing true information regarding liability to municipal taxation

74                

Notice to be given to the committee of all transfers of title of person primarily liable to payment of property tax

75                

Power of entry for the purpose of valuation or taxation

76                

Power to examine article liable to octroi

77                

Power to search where octroi is leviable

78                

Power to fix octroi or terminal tax limits and penalty for  evasion of octroi or terminal tax

78 A

Extension of taxation limits by agreement

79B

Taxation on articles exported

79                

Taxes when payable

80                

Recovery of taxes payable by owner

81                

Recovery of taxes, etc

81A

Recovery of water tax and water rate as arrears of land revenue

82                

Recovery of octroi and tools

83                

Powers to lease the collection of octroi or tolls

84                

Appeals against taxation

85                

Limitation of appeal

86                

Taxation not to be questioned except under this Act

CHAPTER VI

(MUNICIPAL POLICE)

87                

Police Establishment

88                

Relief of committee from police charges

89                

Appointment, liabilities and duties of municipal watchmen

90                

Duties of municipal police enrolled under Act V of 1861

91                

Powers and duties of police in respect of offences against Act Rules, and assistance to Municipal Authorities

92                

Police protection at fairs, etc

CHAPTER VII

EXTINCTION AND PREVENTION OF FIRE

93                

Establishment and maintenance of Fire-Brigade

94                

Power of fire brigade and other persons for suppression of fires

95                

Limitation of operation of chapter

CHAPTER VIII

WATER SUPPLY

96                

Provision of water

97                

Supply of water to connected premises

98                

Supply of water for other than domestic purposes

99                

Making connections with municipal water works

100            

Obligation of owner or occupier to give notice or waste of water

101            

Cutting off of supply to premises

102            

Power of the committee in respect of communications, etc

103            

Section 103 – Omitted1

104            

Section 104 – Omitted2

105            

Section 105 – Omitted3

CHAPTER IX

POWERS FOR SANITARY AND OTHER PURPOSES

106            

Bathing and washing places

107            

Powers in respect of burial and burning places

108            

Removal of corpses

109            

Disposal of mad and stray dogs and other animals

110            

Suffering dogs to be at large

111            

Control of elephants, bears or camels

112            

Taking elephants along public roads

113            

Power to require buildings, wells, tanks, etc., to be secured

114            

Buildings, etc., in dangerous state

115            

Cleaning of filthy building or land

115A

Paving or draining of cattle stands

116            

Power to prohibit use for human habitation of buildings unfit for such use

117            

Power to require owner to clear away noxious vegetation

118            

Power to require hedges and trees to be trimmed

119            

Power to require untenanted building becoming a nuisance to be secured or enclosed

120            

Prohibition of cultivation, use of manure or irrigation injurious to health

121            

Regulation of offensive and dangerous trade

121A

Consent of committee to use of new factories

122            

Prohibition of cinematographs and dramatic performances except in licensed premises

123            

Power to prohibit such trades

124            

Use of steam whistles, etc

125            

Provisions of drains, privies, etc

126            

Repair and closing of drains, privies, latrines, urinals and cesspools

127            

Unauthorised building over drain, etc. –

128            

Removal of latrines, etc., near any source of water supply

129            

Discharging Sewerage

130            

Making or altering drains without authority

131            

Power to require removal of nuisance arising from tanks and the like

132            

Power of committee to lay or carry wires, pipes, drains, or sewers through private land subject to payment or compensation for damage sustained provided that no nuisance is created

133            

Provision as to wires, pipes, drains, or sewers laid or carried above surface of ground

134            

Previous notice to be given

135            

Connection with main not to be made without permission of committee

136            

Connection may be made or required by the committee in the case of sewerage

137            

Power to prescribe size of ferrule and to establish meters and the like

138            

Communication and connection to be made subject to inspection by and to the satisfaction of committee

139            

Rates and charges may be fixed

140            

Troughs and pipes for rain water

141            

Information to be given of cholera, small pox, etc

142            

Removal to hospital of patients suffering from infectious diseases

143            

Disinfections of building and articles

144            

Penalty for letting infected houses

145            

Provision of places and appliances for disinfection

146            

Acts done by persons suffering from certain disorders

147            

Keeping of animals so as to be injurious to health

148            

Feeding animals on deleterious substances

149            

Prohibition by committee of use of unwholesome water

150            

Penalty for selling food or drink not of the nature, substance or quality of the article demanded by the purchase

151            

Soliciting Alms

152            

Power over disorderly houses and prostitutes

153            

Brothel

154            

Removal and deposit of offensive matters

154A

Preparation to compost manure

154B

Power to acquire, etc.

154C

Right of appeal and revision

154D

Jurisdiction of civil courts barred

155            

Failure to remove offensive matter

156            

Depositing or throwing of earth or material of any description roads or into drains

157            

Nuisance by children and others

158            

Definition of house scavenging

159            

Undertaking by committee of huse-scavenging generally

160            

Saving in favour of customary sweepers and of agriculturist

161            

Continuance of house-scavenging once undertaken by committee

162            

Obligation of committee to perform house-scavenging properly

163            

Powers of municipal servants for house-scavenging purposes

164            

Vesting in committee of collection from house-scavenging

165            

Punishment of customary sweepers for negligence

166            

Punishment of cultivators for failure to provide for proper house-scavenging

167            

Places for slaughter of animals for sale

168            

Disposal of dead animals

169            

Powers in connection with streets

170            

Powers to require protection of streets during cutting down of trees, erection or demolition of buildings etc

170A

Notice to be given and sanction obtained before making a street

170B

Order of committee on notice being given under section 2[170-a].

170C

Sanction of committee with regard to new street

170D

Power of sanction

170E

Penalty

170F

Notice to owner of land under street

171            

Power to require repairs of streets and to declare such streets public

172            

Punishment for [1] overhanging structure over street

172A

Punishment for encroachment upon land, premises or public place

173            

Power to permit occupation of public street and to remove obstruction

174            

Power to regulate line of building

174A

Special provisions regarding streets belonging to Government

175            

Removal or alteration of any balcony, projection or structure, etc., on payment or compensation

176            

Power to attach brackets for lamps

176A

Construction of stalls for displaced persons

177            

Destroying direction posts, lamp posts, etc

178            

Bill-sticking without permission

179            

Names of streets and number of buildings

180            

Inflammable Materials

181            

Roofs and external walls not ot be made of inflammable materials

182            

Picketing animals and collecting carts

183            

Driving vehicles without proper lights

184            

Beating drums etc

185            

Discharging fire-arms, etc.

186            

Quarrying, blasting, cutting timber or building

187            

Power to levy fees at fairs

CHAPTER X

BYE LAWS

188            

General Bye-Laws

189            

Prohibition of building without sanction

190            

Power of committee ot make bye-laws as to erection ors re-erection of buildings

191            

Special provision for cases where bye-laws have not been made under section 189(3

192            

Building Scheme

192A

Punishment for erection or re-erection of a  building on sanction of a building scheme under section 192

193            

Powers of committee to sanction or refuse erection or re-erection of building

193A

Power of committee to direct modification of a sanctioned plan of a building before its completion

194            

Lapse of sanction after one year from the date of such sanction

195            

Penalty for disobedience

195A

Power of committee to stay building operations

196            

Compensation

197            

Power of committee, to regulate the manufacture, preparation and sale of food and drink

197A

Prohibition of possession or sale of wild birds and animals

198            

**********

199            

Penalty for infringement of bye-laws

200            

Procedure for making bye-laws

201            

Confirmation of bye-laws

202            

Bye-laws to be available for purchase and inspection

CHAPTER XI

POWER OF ENTRY AND INSPECTION

203            

Inspection of drains, privies and cesspools

204            

Inspection of buildings, etc

205            

Other powers of entry on buildings or lands

206            

Power to inspect places for sale of food or drink etc., and to seize unwholesome articles exposed for sale

207            

Inspection of weights and measures and seizure of false weights etc.

208            

Inspection of places for illicit slaughter of animals

209            

Refusal to suffer inspection under sections 205 to 208

210            

Search for inflammable or explosive material in excess of authorized quantity

211            

Power of entry for purpose of preventing spread of disease

212            

General Explanation

213            

Precautions to observe in entering dwellings

214            

Reasonable time for compliance to be fixed

215            

Authentication, service and validity of notices

216            

Service when owners and occupiers are different persons

217            

Mode of giving notice to owners or occupier of property

218            

Publication of public notices

219            

Penalty for disobedience of orders of committees

219A

Compensation for damage

220            

Power of committee in the event of non-compliance

221            

Penalty for obstruction

222            

Recovery of cost of execution

223            

Relief to agents and trustees

224            

Payment of compensation

225            

Appeals from order of committee

226            

Prosecution to be suspended in certain cases

227            

Appeal from certain orders

228            

Authority for prosecution

229            

Power of compound offences

230            

Member not be deemed interested in prosecution

CHAPTER XII

CONTROL

231            

Control by commissioner and deputy commissioner

232            

Powers to suspend any resolution or order of committee

233            

Extraordinary power of deputy commissioner in cases of emergency

234            

Power to provide for performance of duties in case of default of committee

235            

Action of deputy commissioner to be immediately reported

236            

Power to [state] government and its officers over committees

237            

General powers of state government over officers

238            

SECTION 238 [OMITTED BY ACT 11 OF 1994)

238A

SECTION 238-A [OMITTED BY ACT 11 OF 1994]

239            

Disputes

240            

Power of state government to frame forms and make rules

 

 

 

IMPORTANT & LATEST CASE LAW ON

PUNJAB MUNICIPAL ACT, 1911

          

           Appellant is the defeated candidate - His nomination paper was rejected by the Returning Officer because his parentage on nomination papers differed from the corrected one in voter list –Appellants plea was rejected by Returning Officer as also by the DC – When a challenge was laid by writ petition, the case was remitted to prescribed Authority for decision – {described authority also rejected the plea-high Court, in appeal Held—Prescribed authority has fallen into error in rejecting the election petition-Electoral roll was clandestinely got corrected by someone at the back of the petitioner—When such a correction is to be made, a petition is to be submitted by the person to whom that entry relates (Rule 8 (G) (4) (B)—Appellant never came to know of this correction—Procedure adopted by the Returning Officer cannot be granted judicial recognisition – Election of respondent No. 3 is declared void—Punjab Municipal Election Rules, 1952 – Rule 53, Arun Kumar V. The Comm. Prescribed Authority, Ludhiana: 1997 (1) All India Land Laws Reporter (P & H) 549

           S. 3 (1) – Punjab Municipal Corporation Act, 1976—S. 93—Haryana Municipal Act, 1978 – S.  2 (a) (i) (ii) – Levy of house tax has been challenged – Two sets of appeals refer to the self occupied properties located in the States of Punjab and Haryana – For assessment – Annual rental value – Applicability of the rent restriction laws in the aid of that exercise – As for Punjab there is no non-obstante clause in S.3 of Municipal Act, 1911 or S. 93 of Corporation Act, 1976 – Building in self occupation would be assessable to taxes at the gross annual rent for which it may be let for use – This has to be fixed on the basis of standard rent determinable under the Punjab Rent Act – As for Haryana appeals Section 2 of Municipal Act begins with non-obstante clause – Assistance of the Rent Act is thus barred – Appeals relating to properties situated in Punjab are allowed and in respect of those situated in Haryana are dismissed, 1998 (1) ALL INDIA LAND LAWS REPORTER (P&H) 480

           Sections 3 (1) (a) (b) and (c) – Annual value of building – Notice of enhanced assessment of property tax – Challenged by petitioners as (i) Area hitherto charged for is 4 Kanals and the assessment now is for 7 Kanals and 3 marlas – (ii) Self occupied building is to be assessed as per Section 3 (1) (a) and (b) of the Act and not as per Section 3 (1) (c) as has been done – Held – (i) Earlier assessment was based as if the area under neath was 4 kanals whereas actual area is 7 kanals 3 marlas – (ii) Self occupied building is to be assessed as per Section 3 (1) (c) as has been done – Held – (i) Earlier assessment was based as if the area under neath was 4 kanals whereas actual area is 7 kanals 3 marlas – Since it was a mistake on the face of it.  Committee was justified in issuing the notice – (ii) – Common case of the parties property is in self occupation – Gross annual rent expected of the building is to be basis of assessment – Authorities were supposed to assess the annual value of the building in question according to Section 3 (1) (c) – Illegality has been committed by the respondent authorities in passing impugned order – Matter remitted back to Corporation for fresh assessment according to law – Authorities would be at liberty to redetermine the area of the property, R.B. Mayor v. The Municipal Corp. of Jalandhar: 1997 (2) All India Land Laws Reporter (P & H) 145

           S.3 (1) (C) – Since the property is situated in the town of Patiala, in the State of Punjab, it is governed by the East Punjab Rent Restriction Act – Annual rental value of the property, thus governed by Rent Control Law, has to be determined on the basis of fair rent OR standard rent – Assessment order dated 29.3.1994 is not sustainable.  1998 (3) ALL INDIA LAND LAWS REPORTER (P & H) 98

           Ss. 3 (i), 86 and 84 – Jurisdiction – Assessment – Valuation – S. 3 (1) defines the annual value of the property for purposes of the Act – S, 86 by a strong implication ousts the jurisdiction of the Civil Court to determine and decide the questions of valuation, assessment of the tax or liability of a persons to be assessed or taxed – Alternative remedy to the aggrieved party has been provided as an appeal to the appropriate authority defined in the Act – Not by a Civil suit – Civil Procedure Code, 1908 – S. 9, Roshan Lal v. Municipal Committee, Nabha : 1997 (3) All India Laws Reporter (Pb, & Hry.) 478

           S.s 16 (1) (a) – Proviso – Removed from membership of Municipal Council – Show cause was issued alongwith chargesheet – Allegations contrived – Reply filed – Petitioner contends his reply to the show cause notice and connecting evidenc ehas not been looked into – Court found that contention was based on facts and evidence adduced – Matter needs to be remanded to concerned authority to be reconsidered and decided – Such reconsideration is to be done by an authority other than the one which decided the case earlier. 1998 (2) ALL INDIA LAND LAWS REPORTER (P & H) 568

           Sections 61 (1) (a) and 3 (11) – Proviso to Section 61 (1) (a) provides for tax payable by the tenant in case the land/building is occupied by the tenant – Sub section (11) of Section 3 defines the word “OWNER” to include the person who can receive the rents – “Owner” has a wide field to cover – Person in possession is also covered – Lessee is no exception – Dictionary meaning includes a person who has a right to enjoy and do with as he pleases – Club has raised construction on the leased land and continue to do so – Lease renewed upto 2010 A.D. – Clearly petitioner is the “Owner” of the land/building within the meaning of section 61 (1) (a) read with Section 3 (ii) of the 1911 Punjab Municipal Act – Petitioner is liable to pay the House tax as demand raised; 1998 (1) ALL INDIA LAND LAWS REPORTER (DELHI) 280

           Ss. 62A, 71 (1) – Under S. 71 (1) of the Act President exempted raw cotton and cottonseed from the payment of octroi and on the same day under S. 62A directed the Municipalities to impose the Urban Development Cess on these items – Municipalities noted that the cess has been levied by the Government and started collecting the same – Such levy and collection was challenged by writ petitions in High Court – Refund of cess collected with interest was ordered – hence this appeal by State – Municipality did not issue and orders under S. 62 A (1) and started collecting the cess – Nor did the Government itself notify the imposition of tax (CESS) which could have acted as a resolution passed by the Municipality – There was no imposition of cess – Recovery of cess was without the authority of law – View  taken by High Court stands confirmed, 1998 (1) ALL INDIA LAND LAWS REPORTER (S.C.) 1

           S. 63 – Punjab Municipal Corporation Act, 1976 – S. 93 – East Punjab Rent Restriction Act, 1949 – House Tax – Rateable value means the value of any land or building for the purpose of assessment to property taxes – Rent received from a tenant is not the measure for determination of annual rateable value – While fixing annual value, test to be applied is what rent could the premises lawfully fetch – Fair Rent – Rent Act applicable, exercise is ot be done under those provisions.  1998 (3) ALL INDIA LAND LAWS REPORTER (P & H) 53

           Ss. 65,66,67 and 68 – Notice is required to be issued to the affected person(s) before revising assessment list – Only thereafter the assessment done would be fair – Tax so assessed shall be deemed to the tax for the year commencing on the first day of April of the following year – Section 67 allowed the Municipality to amend the assessment list but before the commencement of the year and not in the middle of it – Municipality is not empowered to reopen and reassess the completed cases.  1998(3) ALL INDIA LAND LAWS REPORTER (P & H) 98

           S.s 66-68 – Housetax – Imposition of House tax challenged as not having been imposed after fixing annual rental value of property – held – From the perusal of record, it cannot be said that annual rental value of the property has been fixed before assessing and imposing House tax – Mater remanded to Municipality to proceed in accordance with the law, Central Ware-Housing Corp., Chd. V. State of Punjab : 1997 (1) All India Land Laws Reporter (P & H) 395

           Section 67 – Deputy Commissioner set aside the orders of the Municipality by which it enhanced the annual rental value of a theatre – Municipal Committee has filed this appeal – Held – Under Section 67 of the Punjab Municipal Act. Annual rental value can be revised only if an error or mistake or that the assessment was made by fraudulent means – No such circumstances adverted to in the order – NO ground to warrant interference in the orders of the Deputy Commissioner, 1998 (1) ALL INDIA LAND LAWS REPORTER (P & H) 212

           Section 67 AND 68 – Both Section pertainto assessment of the property – Sectioned 67 provides for a notice of the property provides for a – Notice if the property has been erroneously valued or assessed – Under Section 68A Amendment could be made if the valued or assessed – Under Section 68 – A amendment could be made if the erroneous assessment has been made though fraud accident or mistake – Assessee has to be given an opportunity of being heard- Such enquiry as deemed fit have too be made for the same – Provisions Crystalise the matter – To amend the list under Section 67, one month’s notice was required to be give – Under Section 68A also not only proper notice but an opportunity of being heard was required too be give – Held – Notice under Section 67 is vague and defective – Petition allowed – Impugned assessment order passed by assessing authority and order assessed by appellate authority is quashed and set aside – Petitioner to appear before assessing authority, who shall provide the petitioners with such information forming basis of assessment – Assessment ordered afresh in accordance with law, Kranti Arora v. NDMC & Ors. : 1997 (2) All India Land Laws Reporter (DELHI) 320

           Ss. 76 to 78 and 61 – Octroi – Furnance oil used in manufacture of urea supplied by I.O.C. at rates much lower than to the other consumers – Municipal Committee had been charging octroi on the actual price paid – E.O. issued a notice for recovery of about Rs. 66 lacs on account of the difference in two prices, and octori charged on lesser price – Hence this appeal – There is no controversy between the parties that committee had been charging octroi on concessional rates as paid – Respondents do not say that it was a case of under invicing – No attempt has been made to defraud the committee by not disclosing the true price – Held – Order passed by respondent 2 suffers from error of law apparent on the face of it – Reserves to be quashed – Punjab Municipal Account Code, Chapter V – Rule 17 (3); National Fertilizer Ltd. v. Municipal Committee, Bhatinda : 1947  (4) All India Land Laws Reporter (Pb. & Hry.) 48

           Section 84 – 3 (i) b – House tax – Building owned and occupied by the L.I.C. was assessed for tax at Rs. 25,562 – Objections rejected by Municipal Committee – Appellate Court rejected the points raised simply by saying order passed by Assessing Authority is a detailed one – Appellate authority has not discussed various objections as examined by assessing authority – Held – It was the duty of the appellate authority to independently examine the oissues raised by the petitioner and decide the same by assigning good and suffricient reasons – Every quasi judicial authority must pass speaking order – Orders deserved to be quashed on grounds of violation of natural justice – Appellate authority is directed to decide the appeal afresh; Life Insurance Corp. of India v. Municipal Committee, FZR : 1997 (2) All India Land Laws Reporter (P & H) 390

           Ss.84 & 85 – An appeal against the assessment or order pertaining thereto is maintainable within 30 days but when an order is found to be wholly without jurisdiction and illegal (as is the order dated 23.3.1994) the petitioner cannot be said invoked the jurisdiction of High Court under Art. 226 of the Constituion without sufficient reasons.  1998 (3) ALL INDIA LAND LAWS REPORTER (P & H) 98

           Ss.84 & 85 – An appeal against the assessment or order pertaining thereto is maintainable within 30 days but when an order is found to be wholly without jurisdiction and illegal (as is the order dated 29.3.1994) the peititoner cannot be said invoked the jurisdiction of High Court under Art. 226 of the Constitution without sufficient reasons.  1998 (3) ALL INDIA LAND LAWS REPORTER (P & H) 98

           Ss. 86, 84 and 61 – Although the Special Act prohibits the Civil Court to entertain suit regarding assessment of tax etc. – Jurisdiction is conferred upon the competent authority – But Civil Court continued to have the power and jurisdiction to entertain and decide a suit if the authority under the special Act has acted with a material irregularity or illegality – Capability of the Legislative cannot be questioned to bar jurisdiction of Civil Court – Civil Procedure Code, 1908 – S. 9; Roshan Lal v. Municipal Committee, Nabha : 1997 (3) All India Land Laws Reporter (Pb. & Hry.) 478

           S. 121 (1) – Offensive and dangerous trade – Petitioners directed to pay license fee and take a license – Petitioners are dealers in allopathic medicines and drugs – None of these are covered by S. 121 (1) of the Act – As held in 1984 (1) 1998 (1) ALL INDIA LAND LAWS REPORTER 91, Municipal Committee had no authority to prescribe licence fee on the business of Chemists and druggists under S. 121 of the Act: 1998 (1) ALL INDIA LAND LAWS REPORTER (P & H) 304

           S. 121 (1) – Licensing of trades – Dangerous and Offensive Trades – Brought on the list by Dy. Director Local Bodies – Petitioner convicted for not taking out a licence to follow the trade – When challenged, Municipality defended by saying that noise created by cutting pipes in sanitary trade would cause noise pollution – Defence is that such occasions of cutting are expected to be  a few – Noise is to a limited volume and not so grievous as to cause nuisance to carry out the trade is struck down; 1998 (1) ALL INDIA LAND LAWS REPORTER (P & H) 103

           Ss. 154 and 168 – Disposal of dead animals – When a public auction was held for disposal of carcass of dead animals and was confirmed by the State Government, petitioners challenged the auction as illegal and sought it to be quashed – Contention was the Municipal Committee did not become the owner of the carcass of the dead animal which is owned by them – Ld. Single Judge accepted the cont3ention, and held that owner of the carcass of the dead animal has a right to dispose of a carcass as per provisions and manner provided in the Municipal Act – But where the owner of the dead animal abandons the carcass or requests the Municipality to arrange for is disposal, such rights had to be auctioned – Division Bench did not find any infirmity in law or in facts of the judgment of the Ld. Single Judge.  1998 (2) ALL INDIA LAND LAWS REPORTER (P & H) 369

           Section 195 – Petitioners, occupants of unauthorisedly built/erected upper four floors of “White House” pray for quashing of the demolition orders of the four floors – Having failed in lower courts, have filed this L.P.A. – Contention is such demolition orders were illegal in the absence of any show cause notice of these “owners” – When owner/builder had been served with requisite notices, appellants, were not entitled to any further notice – They would at best be entitled to an appeal which they are pursuing – Demolition order, in the absence of any reasons are illegal is further contended – Submission is devoid of substance as the order succinctly and precisely sets out the extent of unauthorized construction and recited the show cause notice issued to bu9ilder – Held – Construction of additional floors is unauthorized and not compoundable – Consideration of public interest and larger interest of society in not permitting this edifice of unauthorized construction to remain, far outweigh the financial hardships and inconvenience that may be caused to the affluent purchasers of these flats – Appeals are dismissed ; 1998 (1) ALL INDIA LAND LAWS REPORTER (DELHI) 265

           Section 202 – Bye laws for collection of Octroi – Octroi limits have to be fixed or extended – Such Bye laws finalized, are to be published by a notification – Are also open to inspection as well as sale – When an Advocate wanted to inspect the bye laws also when revenue authorities confirmed no extension of octroi limits, Municipal authorities just could not show them – Bye laws have not been made, notified – Municipal Committee has not extended the octroi limits – Collection of octroi without that was illegal and without authority of law; Maghan Packers P Ltd. v. State of Punjab: 1997 (2) All India land laws reporter (P & H) 452

 

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