Bombay Municipal Corporation Act, 1888

Mahanagar Telephone Nigam Ltd. (East‑I) challenged two notices issued by the Bombay Municipal Corporation (BMC) under Section 299 of the Bombay Municipal Corporation Act, 1888, seeking possession of land that formed part of the regular street line. The appellant argued that the notices were invalid because no prior san…

The Municipal Corporation of Bombay leased a 17,279‑sq‑yd parcel of land to Indian Oil Corporation for 30 years, on which the latter erected six large petroleum storage tanks. The corporation assessed the tanks as rateable property and levied property tax, which the oil company contested, arguing that the tanks were ne…

Mis. Forage & Co., an importer of zinc oxide, contended that octroi could not be levied on the product because Schedule H, Class IV of the Bombay Municipal Corporation Act, 1888, pertains only to articles used in construction, and zinc oxide is used solely in rubber manufacturing. The Bombay High Court's Single Judge a…

Hindustan Lever Ltd. constructed a building on two plots in Bombay and was assessed for property tax under the Bombay Municipal Corporation Act, 1888. The corporation fixed the rateable value at Rs.12,16,285 using the comparative method, which the company contested, leading to a reduction by the Small Cause Court and a…

The original tenant, Bomanji Irani, bequeathed his government‑owned tenancy to his wife Daulatbai, who was a residuary legatee, and the tenancy was held jointly by her and their five sons. After Daulatbai's death, the Bombay Municipal Corporation (BMC) transferred the tenancy to one son, Dinshaw Irani, based on a 1961 …

The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale conducted by the Bombay Mu…

The appellant, A.L. Ranjane, operated a tea stall on a permanent structure embedded in a public street adjacent to the building of respondent R.J. Sethna. The respondent sued for declaration, mandatory and permanent injunctions to remove the structure, alleging encroachment, nuisance, fire and health hazards, and inter…

The appellant, a developer, sought a No‑Objection Certificate (NOC) for a composite slum‑rehabilitation scheme covering two plots, one of which (Plot 559) was reserved for recreational use. The Slum Rehabilitation Authority rejected her application, stating it was deficient and that Annexure‑II for part of Plot 569 had…

The appellant, Hemant Narayan Rasne, who was elected Chairman of the Standing Committee of Pune Municipal Corporation (PMC) just before the corporation's five‑year term expired on 14 March 2022, filed a writ petition seeking to continue the Standing Committee’s existence despite the appointment of an Administrator afte…

The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction proceedings under S…

The Municipal Corporation of Thane sought to levy octroi duty on PVC resin in powder form and synthetic hydrocarbon resin manufactured by Asmaco Plastic Industries. The respondents argued that these products should be classified under Entry 40(b) "chemicals of all sorts" of the Maharashtra Municipality (Octroi Duty) Ru…

The Municipal Corporation of Greater Bombay fixed a water quota for Nagpal Printing Mills and, under Rule III(d)(i) of the 1976 Water Charges and Sewerage & Waste Removal Rules, billed the mill for a charge equal to one‑tenth of the quota when actual consumption fell short. The mill contested the charge, arguing that t…

The appellant, Prakash Warehousing Co., obtained a licence and later an assignment of rights over two corporation godowns and, with the corporation’s knowledge, allowed a second respondent to store goods under an agreement. The corporation later formalised the appellant’s status as principal occupier by a deed dated 17…

Shroff & Co., a partnership dealing in wines and spirits, imported liquor into Bombay and stored it in a bonded warehouse under the Maharashtra Foreign Liquor (Storage in Bond) Rules. The appellants challenged the inclusion of countervailing duty in the assessable value for octroi, arguing that the duty was not incurre…

The appellant, owner of a truck involved in a fatal accident, challenged an interim compensation order of Rs. 50,000 passed by the trial court. The High Court Single Judge allowed the appellant's appeal, prompting the respondents to file a Letters Patent Appeal (LPA) under Clause 10 of the Patna High Court Letters Pate…

The K.V. Shramik Sangh, a trade union representing contract workers in the Mumbai Municipal Corporation's solid waste management department, filed a writ petition seeking abolition of the contract labour system and absorption of the workers as permanent employees, alleging that the contracts were sham and that the corp…

The Supreme Court examined writ petitions filed by pavement and slum dwellers challenging the Bombay Municipal Corporation's demolition of their hutments, arguing that eviction violated their fundamental rights under Articles 21 and 19 of the Constitution. The petitioners claimed that the right to life includes the rig…

The Municipal Corporation of Greater Bombay challenged the assessment of rateable value of a housing building constructed by New Standard Engineering Co. Ltd. under a Government subsidised scheme for industrial workers. The corporation had fixed the rateable value under Section 154(1) of the Bombay Municipal Corporatio…

The appellants, owners of plots reserved for roads, voluntarily surrendered their land and constructed the required roads at their own cost. They claimed that, under the Maharashtra Regional and Town Planning Act and the Development Control Regulations, they were entitled to additional Floor Space Index (FSI) or Transf…

ICICI Bank installed illuminated sign boards above its ATM centres and extension counters in Bombay without obtaining permission from the Bombay Municipal Corporation (BMC). The BMC issued notices under Sections 328 and 328A of the Bombay Municipal Corporation Act, 1888, requiring the bank to remove the boards or pay a…

The Bombay Hawkers' Union and several hawkers filed writ petitions under Article 32 challenging sections 313, 313‑A, 314(3) and 497 of the Bombay Municipal Corporation Act, 1888, alleging that the provisions gave the municipal authorities unfettered power to refuse licences and remove goods without a hearing, thereby v…

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially allowed it. The appella…

The Bombay Municipal Corporation (BMC) widened public streets and acquired portions of land under sections 298 and 299 of the Bombay Municipal Corporation Act, 1888. The Commissioner offered Rs 80 per square yard as compensation, which the owners rejected; the Court of Small Causes awarded market‑value compensation of …