MUNICIPAL COUNCIL OF VIZAGAPATAM Vs. FOSTER

JUDGEMENT

(1.) The plaintiff sued tie Municipality of Vizagapatam for compensation for injuries sustained by him owing to the negligent stacking of gravel in a municipal road The Subordinate Judge awarded damages to the extent of about Rs. 3,200 and odd. The amount was increased on appeal by the District Judge.

(2.) In this second appeal, I shall deal with the various questions involved in the case, in the order in which they were argued by Mr. Sarma.

(3.) The first contention for the appellant was that Municipalities in India have only delegated powers from the local Governments and that consequently their liability is subject to the same restrictions as that of the Government. This contention was raised with reference to an observation of mine in The Secretary of State v. Cockraft (1816) I.L.R., 39 Mad., 351 where I pointed out that in laying out roads, the Municipal Corporations in America were exercising to some extent sovereign functions. I took care in that judgment to reserve my opinion whether the principle on which American Municipal Corporations are exempted from liability can apply to Indian Municipalities. The various sections to which Mr. Sarma drew our attention point to the conclusion that the Municipal Councils in India are statutory bodies whose powers are very much circumscribed. Section 21 as regards constitution, Sections 113, 114 and 115 as regards limitations in the application of funds and Section 4(b) which relates to the suspension of municipalities show that Indian Councils are not self-governing in the sense that Municipal Corporations in England are. As regards the latter, charters have been conferred upon various towns since the days of Henry VI empowering the inhabitants to govern themselves completely. They have power to make laws, they have jurisdiction to administer justice, and they have got their quarter sessions. In most respects the English Corporations are complete governing bodies. Although I do not wish it to be understood that Municipal Institutions in this country are a department of Government, there can be no doubt that their powers are derived from the Government and are controlled by the provisions of the District Municipalities Act. I may draw attention in this connexion to the Act which created the first municipality in this country. Act X of 1842 which was passed by the President of the Council of India was an enabling Act. The preamble shows that it was intended to enable the inhabitants of any place of public resort or residence under the Presidency of Fort William within the town of Calcutta to make better provision for purposes connected with public health and convenience. This Act was subsequently repealed and Act 26 of 1850 was passed. In this Act also the powers were very much limited. These enactments which have been subsequently repealed and re-enacted in a more comprehensive form show that the powers conferred upon municipalities are of a very restricted character; they therefore do not stand on the same footing as Municipal Corporations in England. To this extent I am in agreement with Mr. Sarma.