Limits of Municipal Power Under the Mumbai Municipal Corporation Act to Acquire Private Land for Road Widening
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Case: MARSHAL S.R.A.CO-OPERATIVE HOUSING SOCIETY LIMITED v. THE MUNICIPAL CORPORATION OF GREATER MUMBAI
Court: Bombay High Court
Date: 11-08-2026
Law: Mumbai Municipal Corporation Act, Administrative Law.
Highlights of the Judgment:
- Detailed interpretation of municipal powers under Sections 297 and 299 of the Mumbai Municipal Corporation Act, 1888.
- Examination of whether statutory provisions for prescribing regular street lines can be extended to acquire private land lacking an existing road.
- Analysis of the legality regarding the acquisition of active industrial premises that would substantially dismember a functioning factory.
- Review of the doctrine against colorable exercise of administrative power and arbitrary municipal actions.
- Scrutiny of purported public necessity versus private commercial interests in municipal infrastructure projects.