Supreme Court of India
Municipal Corpn. of Greater Bombay and Ors. v. Hindustan Petroleum Corpn. and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that merely because the Corporation is entrusted with the duty to maintain water channel and drain and, therefore, the water channel and drain belonging to the Government vest in it is not H 58 SUPREME COURT REPORTS [2001) SUPP. 2 S.C.R. ·A correct.
Judgment, page 8
From the headnote
Mumbai Municipal Corporation Act, 1888: Ss.3(u), 170, 220, 220A and 231-'Drain' belonging to State Government but falling within the municipal limit of Municipal Corporation-Industries discharging industrial effluents in the drain-Municipal Corporation serving on industries notice of demand of sewerage charges-Held, drain belongs to State Government and does not vest in Municipal Corporation-Vesting in Municipal Corporation of water channel or drain belonging to State Government can take place only in the manner provided u/s. 220A-As and when State Government vests or transfers the drain to Municipal Corporation it would be entitled to levy and realise sewerage charges from industries.
Authorities it was built on
- 1956 Fruit and Vegetable Merchants Union v. Delhi Improvement Trust
- Richardson v. Robertson
- Hinde v. Charlton
- Coverdale v. Charlton
- Finchley Electric Light Company v. Finchley Urban District Council
Where later benches applied it
- 2023 Shakti Yezdani & Anr. v. Jayanand Jayant Salgaonkar & Ors.
- 2020 Indore Development Authority v. Manoharlal & Ors. Etc.
- 2012 Jayesh Dhanesh Goragandhi v. Municipal Corporation of Greater Mumbai & Ors.
Of those, 2 referred to · 1 mentioned
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.