SHANTI SWARUP GUPTA Vs. NAGAR PALIKA GHAZIABAD

JUDGEMENT

(1.) :-

(2.) THIS is a plantiff's appeal arising out of a suit for declaration that the demand regarding the Projection Fee levied by the defendant, 'Nagar Palika' was invalid and a prohibitory injunction was sought restraining it from realising the same. The brief facts of the case are that Projection Fee was levied by the Nagar Palika under the bye-laws dated 13-3-1962 framed under Section 297 of the Municipalities Act.

(3.) THE learned counsel for the appellant, however argued that the delegation under Section 227 could be made only in respect of 'any specified municipality or municipalities.' THE learned counsel argued that the municipalities which were to be governed by the delegation should have been specified in the order. According to him the word 'specified' governs both the words 'Municipality' and 'Municipalities'. For convenience of discussion Section 327 is reproduced below : "THE State Government may, by notification, delegate to the Prescribed Authority in respect of any specified municipality or municipalities within its jurisdiction to any one or more of the power vested in it by the Act, with the exception of the powers detailed in Schedule VII."