Case Note & Summary
The petitioner, Amulakhrai D. Desai, was appointed as a neutral person by the Bombay High Court pursuant to an order dated 27.1.1998 in Writ Petition No.2094/97 along with Notice of Motion No.6/199 in Writ Petition No.1636/97 to carry out measurements of 86 works. Subsequently, the Municipal Corporation of Brihan Mumbai issued a show cause notice dated 28.4.2000 alleging that the petitioner had also carried out measurements of 5 additional works which he was not asked to do. The petitioner challenged the show cause notice on the ground that it was based on an erroneous assumption and that the measurements of the 5 works were also in terms of the court order. The court, after considering the submissions, held that once the measurements were in terms of the court order, no enquiry ought to be held against the petitioner. The court quashed and set aside the show cause notice, as it was based on an assumption that the petitioner had done measurements beyond the scope of the court order, which was not the case. The court did not go into other allegations as the notice itself was found to be unsustainable.
Headnote
A) Administrative Law - Show Cause Notice - Jurisdictional Error - Bombay Municipal Corporation Act, 1888 - The petitioner, appointed as a neutral person by the court to carry out measurements of 86 works, was issued a show cause notice alleging that he also measured 5 additional works. The court held that the notice was based on an erroneous assumption that the petitioner had done measurements he was not asked to do, and since the measurements were in terms of the court order, no enquiry ought to be held. The notice was quashed and set aside. (Paras 1-2)
Issue of Consideration
Whether a show cause notice issued to a neutral person appointed by the court for carrying out measurements beyond the scope of the court order can be sustained.
Final Decision
The court quashed and set aside the show cause notice dated 28.4.2000.
Law Points
- Show cause notice based on erroneous assumption
- Neutral person appointed by court
- Jurisdiction of municipal corporation
- Bombay Municipal Corporation Act
- 1888
Case Details
2006 LawText (BOM) (10) 6
Writ Petition No.2271 of 2000
F.I. Rebello, Anoop V. Mohta
Mr. S.P. Ghaste for the petitioner, Mrs. A.K. Savla for the respondents
The Municipal Corporation of Brihan Mumbai, The Municipal Commissioner of the Municipal Corporation of Brihan Mumbai
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Nature of Litigation
Writ petition challenging a show cause notice issued by the Municipal Corporation of Brihan Mumbai to the petitioner, who was appointed as a neutral person by the court to carry out measurements.
Remedy Sought
Quashing of the show cause notice dated 28.4.2000.
Filing Reason
The petitioner was issued a show cause notice alleging that he carried out measurements of 5 works beyond the scope of the court order.
Previous Decisions
The petitioner was appointed as a neutral person by order dated 27.1.1998 in Writ Petition No.2094/97 along with Notice of Motion No.6/199 in Writ Petition No.1636/97.
Issues
Whether the show cause notice dated 28.4.2000 is based on an erroneous assumption and liable to be quashed.
Submissions/Arguments
The petitioner submitted that the show cause notice is based on an assumption that he had done measurements of works which he was not asked to do, but the measurements of the 5 works apart from the 86 works were in terms of the court order. Therefore, no enquiry ought to be held and the notice should be quashed.
Ratio Decidendi
A show cause notice based on an erroneous assumption that the petitioner had done measurements beyond the scope of the court order cannot be sustained, as the measurements were in terms of the court order.
Judgment Excerpts
Once that is the case, it is submitted that no enquiry ought to have been held against the petitioner and the show cause notice requires to be quashed and set aside.
Procedural History
The petitioner was appointed as a neutral person by order dated 27.1.1998 in Writ Petition No.2094/97 along with Notice of Motion No.6/199 in Writ Petition No.1636/97. Subsequently, the respondents issued a show cause notice dated 28.4.2000, which the petitioner challenged in this writ petition.
Acts & Sections
- Bombay Municipal Corporation Act, 1888:
