Grahak Hitvardhini Sarvajanik Sanstha v. Pune Municipal Corporation & Ors.
Case at a glance
Provisions considered
Judgment
Mr. Sudhakar Vasudeo Velankar, President of the Petitioner, present Mr. R.G. Ketkar for Respondent Nos. 1 to 3. CORAM: DALVEER BHANDARI, C.J., & DR. D.Y. CHANDRACHUD, J. DATE: DECEMBER 1, 2004. P.C. This petition has been filed by an association of flat occupiers in Pune in public interest. In this petition, the petitioner has prayed that the respondents be prohibited from levying tax on properties in Pune City by any other method than laid down in Section 129 of the Bombay Provincial Municipal Corporations Act, 1949 (“the Act”, for 2 short). The petitioner has also prayed that the respondents be prohibited from reviewing, revising or changing in any other manner the rates of tax than directed under Section 99 of the Act. In our view, public interest litigation in the matter of levy of a tax is not maintainable, particularly when orders passed by the authority are subject to appeal, and the entire procedure has been laid down. This petition, being devoid of any merit, is accordingly dismissed. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bombay Provincial Municipal Corporations Act, 1949 — s. 129.
Which court decided this case, and when?
Bombay High Court, on 01 Dec 2004. The bench was D Y CHANDRACHUD.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.