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1967 Supreme(SC) 322

S.M.SIKRI, J.C.SHAH, J.M.SHELAT
Century Spinning And Manufacturing Company LTD. – Appellant
Versus
District Municipality Of Ulhasnagar – Respondent


Advocates:
A.B.DIWAN, A.K.SEN GUPTA, N.H.GURSAHANI, N.N.KESHVANI, O.C.MATHUR, P.C.BHARTARI, PRAHLAD H.ADVANI, R.H.Dhebar, Ravindra Narayan, S.A.SHROFF, S.P.NAIR, S.T.DESAI, S.V.Gupta

Judgement

SHELAT, J.: These four appeals by certificate from the High Court at Bombay raise common questions of law and are therefore disposed of by a common judgment. As the facts in all these appeals are similar it is not necessary to narrate the facts of each appeal. However, for appreciating the contentions raised in these appeals we propose to set out only the relevant facts in Civil Appeal No. 2014 of 1966 as typical.

2. By a notification dated October 30, 1959 the Government of Bombay proposed to set up a local area comprising of parts of Shahad, Ambernath and other villages into a municipal district under the name of the Municipal District of Ulhasnagar, the limits of which were set out in a Schedule thereto. After considering the objections to the said proposal the Government by another notification dated September 20, 1960 issued under Sections 4 and 7 of the Bombay District Municipal Act, III of 1901 declared the said local area as the Municipal District with effect from April 1, 1960. By the said notification the Government also set up an interim Municipality for Ulhasnagar, consisting of 18 Councilors with effect from November 1, 1960 for one year in the first instance o































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