MUZAFFARPUR REGIONAL DEVELOPMENT AUTHORITY Vs. JAGARNATH JHA

JUDGEMENT

(1.) Heard learned Counsel for the parties who have brought to our notice that during pendency of this appeal the appellant, Muzaffarpur Regional Development Authority (hereinafter referred to as "the Authority") has merged into the Corporation as the Act under which the authority was constituted was repealed and, therefore, all its rights, liabilities and obligations in pending litigation lies on the Municipal Corporation and that is why the Municipal Corporation is substituted as appellant in place of the Authority.

(2.) Learned Counsel appearing for the appellants have not challenged the findings on the merit but had raised the issue that the Authority is not an Industry within the meaning of section 2(j) of the Act so as to invite application of section 25F(b) of the Act.

(3.) The aforesaid contention is noticed to be rejected in view of the decision rendered by the Supreme Court by a Bench of seven judges in the case of Bangalore Water Supply and Sewerage Board v. A. Rajappa and others, 1978 (36) FLR 266 (SC): AIR 1978 SC 548. Analogous cases. It is too late in the day to contend that the activity of town development carried out by the Authority is not an industry within the meaning of section 2(j) of the Act in which the Court after giving wide import to the expression 'Industry' in section 2(j) of the Act said that:-