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PUNJAB MUNICIPAL ACT 1911

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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