LAWS(BOM)-2008-10-69

PENINSULA LAND LTD Vs. BRIHAN MUMBAI MAHANAGARPALIKA

Decided On October 24, 2008
PENINSULA LAND LTD Appellant
V/S
BRIHAN MUMBAI MAHANAGARPALIKA Respondents

JUDGEMENT

(1.) Section 217 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as "the Act") reads as under :-

(2.) The vires of sub-Section (5) of the above provisions is challenged by the Petitioners in the present Writ Petitions under Article 226 of the Constitution of India primarily on the following grounds :-

(3.) The building known as Piramal Chambers was constructed in the year 1968. Ground to 6th floors were occupied by the Income Tax Department, while 7th to 9th floors were occupied by Central Excise Department. In the year 1975, provisions of Section 217 were amended and the relevant provision i.e. Section 217(5) was introduced which reads as under :-