MADHUKAR JOMA WADEKAR Vs. RAMSWURAT MUNNILAL JAISWAL

JUDGEMENT

(1.) HEARD learned counsel for the appellant. For the reasons briefly indicated hereinafter, the appeal is summarily dismissed. The appeal does not involve any substantial question of law.

(2.) ON 22-9-1982, the Government of Maharashtra issued a notification bearing No. TMC. 1082/230 (i)-UD-20 in exercise of powers conferred on it by sub-section (2) of Section 3 of the Bombay Provincial Municipal corporation Act, constituting the local area lying within the limits of the areas specified in Schedule I and in column 3 of Schedule II to be the City of Thane for the purposes of that Act with effect from 1st day of October, 1982 The municipal area comprised within the limits of the Thane Municipal Council immediately before the 1st day of October, 1982 and the various revenue villages specified in Schedule II to the said notification were constituted as the city of Thane for the purpose of the bombay Provincial Municipal Corporation Act, 1949. By the said notification, the revenue village "majiwade" became part of the city of thane for the purpose of the above Act with effect from 1st day of october, 1982, On the same day, another notification was issued by the government of Maharashtra bearing No. TMC. 1082/230 (iv)-UD-20 stating inter alia that all the notifications, orders, rules and bye laws made or issued in any area of a specified Municipal Counsil included in the city of Thane, under the Maharashtra Municipalities Act, 1965 or any other law shall be in force throughout the area of the said City of thane, for the sake of having uniformity in all the areas merging in the said City.

(3.) BY notification No. 5975-33-1, dated 30th August, 1948, the Bombay rent Act was made applicable to Thana Municipal Borough On constitution of the Thane Municipal Council, the Act became applicable to the areas comprised within the limits of Thane Municipal Council immediately before 1st day of October, 1982. The question before the court is as to whether on issue of notifications, dated 22-9-1992 referred to hereinabove extending the limits of the City of Thane, the provision of the Bombay Rent Act became applicable also to Majiwade and other villages specified ia Schedule II to the above referred notification.