G. K. MITTER, S. M. SIKRI, S. C. ROY, I. D. DUA, J. M. SHELAT
Vivian Joseph Ferreira: J Ehangir Rustom Sethna – Appellant
Versus
Municipal Corporation Of Greater, Bombay – Respondent
Judgment
SHELAT, J.:- These petitions by owners of two residential buildings in the city of Bombay, neither of which is by reason of its having been recently constructed, either dilapidated or in dangerous condition, challenge the validity of the Bombay Buildings Repairs and Reconstruction Board Act XLVII of 1969.
2. The preamble of the Act recites collapses of residential buildings, acute shortage of housing accommodation, and the problems of law and order arising from the unceasing influx of persons into the city of Bombay in search of work as having necessitated its enactment. It also recites the recommendations, suggestions and objections received by Government in response to the proposals made by it and its conclusion after considering them as to the necessity for establishing a Board to deal with the said problems by carrying out structural repairs to dangerous buildings, by acquiring and reconstructing buildings which are beyond repair and by providing for the rehousing of occupiers, who, because of such repairs would be dishoused, and to provide for the temporary levy of an additional cess on buildings and lands to meet the expenditure for the aforesaid purposes. The Act was
referred to : K T Moopil Nair v. State of Kerala
Raja Jagannath v. State of U P
East India Tobacco Co v. State of A P
Khandige Sham Bhatt v. Agricultural Income Tax Officer
Andhra Pradesh v. Nalla Raja Reddy
relied on : Khandige Sham Bhatt v. Agricultural Income Tax Officer
Twyford Tea Co Ltd v. State of Kerala
Khandige Sham Bhatt v. Agricultural Income Tax Officer
State of Madras v. R Nand Lal and Co
New Manek Chowk Spinning and Weaning Mills Co Ltd v. Municipal Corporation of the City of Ahmedabad
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