Case Note & Summary
The petitioner, Smt. Sushama Shilam, a councillor residing in Warispura Ward, Kamptee, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 28.01.2011 passed by the Collector, Nagpur. The Collector had disposed of her application under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965, which she had filed against a No Objection Certificate (NOC) granted by the Municipal Council, Kamptee (respondent no.2) to respondent no.3, Afsar Iqbal, to run an Offset Printing Machine in a residential area. The Municipal Council had invited objections, and the petitioner objected. After considering objections, the Council issued NOC on 09.04.2010 with seven conditions, including that the machine should be within 5 HP. The petitioner contended that the area was residential and the machine had 9.5 HP, exceeding the limit. The Collector, however, disposed of the application by observing that the machine was within 5 HP. The High Court examined the impugned order and noted that the Collector had recorded satisfaction that the machine was within the permissible limit. The Court found no merit in the petition as the petitioner failed to demonstrate any error in the Collector's finding. The Court dismissed the petition, upholding the Collector's order.
Headnote
A) Municipal Law - NOC for Trade - Section 308 of Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965 - Challenge to NOC granted by Municipal Council for running Offset Printing Machine in residential area - Petitioner objected on grounds of residential zone and machine power exceeding 5 HP - Collector disposed of application finding machine within 5 HP - Held that the Collector's order was based on satisfaction that conditions were complied with, and no error was shown to warrant interference (Paras 1-5).
Issue of Consideration
Whether the Collector erred in disposing of the application under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965, by accepting that the Offset Printing Machine was within 5 HP, without considering the petitioner's contention that the area was residential and the machine had higher power.
Final Decision
The High Court dismissed the writ petition, upholding the Collector's order dated 28.01.2011. No order as to costs.
Law Points
- Section 308 of Maharashtra Municipal Councils
- Nagar Panchayat and Industrial Townships Act
- 1965
- NOC conditions
- residential zone
- building bye-laws
- power limit of machinery
Case Details
2011 LawText (BOM) (07) 123
Writ Petition No.1558 of 2011
Mr. P.S. Tiwari for Petitioner, Mrs. A.R. Taiwade for Respondent No.1, Mrs. Shila Tapadia for Respondent No.2, Mr. M.I. Dhatrak for Respondent No.3
Smt. Sushama W/o Sunil Shilam
The Collector, Nagpur District, Nagpur; Municipal Council Kamptee through its Chief Officer; Afsar Iqbal Iqbal Akhtar
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Collector, Nagpur, disposing of an application under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965.
Remedy Sought
The petitioner sought to quash the Collector's order dated 28.01.2011 and the NOC granted by the Municipal Council to respondent no.3 for running an Offset Printing Machine.
Filing Reason
The petitioner, a neighbour, objected to the NOC granted to respondent no.3 for running an Offset Printing Machine in a residential area, contending that the area was residential and the machine had power exceeding 5 HP.
Previous Decisions
The Municipal Council issued NOC on 09.04.2010 with conditions; the Collector disposed of the petitioner's application under Section 308 on 28.01.2011, upholding the NOC.
Issues
Whether the Collector erred in disposing of the application under Section 308 by accepting that the Offset Printing Machine was within 5 HP without considering the residential zone objection.
Whether the NOC granted by the Municipal Council for running an Offset Printing Machine in a residential area was valid.
Submissions/Arguments
Petitioner argued that the area was residential and the machine had 9.5 HP, exceeding the 5 HP limit, and thus the NOC should not have been granted.
Respondents contended that the machine was within 5 HP and the Collector's order was based on satisfaction of conditions.
Ratio Decidendi
The Collector's satisfaction that the Offset Printing Machine was within 5 HP, as per the NOC condition, was not shown to be erroneous. The petitioner failed to demonstrate any violation of building bye-laws or other grounds to warrant interference under Articles 226 and 227.
Judgment Excerpts
The above writ petition filed under Articles 226 and 227 of the Constitution of India, takes exception to the order dated 28.01.2011 passed by the Collector, Nagpur by which the application filed by the petitioner herein invoking section 308 of the Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965 came to be disposed of...
The Collector, Nagpur by the impugned order dated 28.01.2011, as mentioned herein above has disposed of the said application filed under section 308 on being satisfied with the fact that the Offset Printing Press which is sought to be installed is within 5 HP...
Procedural History
The Municipal Council issued NOC on 09.04.2010. The petitioner filed an application under Section 308 of the Act before the Collector, who disposed of it on 28.01.2011. The petitioner then filed the present writ petition on 11.03.2011 (as inferred from case number).
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayat and Industrial Townships Act, 1965: 308
- Constitution of India: 226, 227
