AI Overview...
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Premises and Valuation - The term premises is broadly defined to include buildings, and under Section 143, the annual value of buildings is deemed for property tax assessments under the Adhiniyam. This valuation is prospective, considering the building's value at the time of assessment (02700008877).
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Drainage and Lighting Taxes - Drainage tax, lighting rates, and sanitary cess are imposed based on the annual value of land or buildings. Their validity depends on compliance with statutory provisions, and their imposition is linked to municipal authority powers under various acts, such as the Corporation Act and state legislation (02700001858, 00100016709).
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Legal and Procedural Aspects - Demands for drainage tax and lighting rates are made through formal notices, and the legality hinges on adherence to statutory requirements. Courts have examined whether such taxes are valid and whether the assessments are properly made (00100023302).
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Building Regulations and Urban Planning - Municipal building rules, such as Kerala's R.30(1), require specific clearances like a 7-foot vacant space between buildings. Building height restrictions (e.g., exceeding 13.5 meters) are enforced, with applications for building sanctions being processed accordingly (01500011684, 00900032260).
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Building Permits and Fees - Municipal corporations are authorized to levy fees for building permissions under relevant acts, such as the MP Municipal Corporation Act, 1956. The fixation of rates and the approval process are governed by statutory provisions, ensuring proper regulation of construction activities (02700006913).
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Development and Infrastructure - Land potential for building is assessed based on factors like condition, use, and suitability, including the provision of roads, water, and drainage to make land fit for construction. Regulations often set aside land for essential amenities, impacting urban development (00200013897).
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Building Safety and Compliance - The Supreme Court emphasizes the importance of fire safety measures and compliance with national building standards, especially for high-rise structures. Municipal authorities are responsible for ensuring safety provisions are implemented during construction (01300031673).
Analysis and Conclusion:
The Street Drainage and Building Act 1974 (Act 133) and related municipal laws establish a comprehensive framework for regulating building construction, land use, and urban infrastructure. Key points include the broad definition of premises, the statutory basis for property-related taxes like drainage and lighting rates, and the procedural requirements for building permissions. The legislation emphasizes safety, proper planning, and compliance with building rules, with municipal authorities empowered to levy fees and enforce regulations to ensure orderly urban development. Courts have upheld these provisions, affirming their validity and importance for maintaining urban standards and public health.
Search Results for "Street Drainage and Building Act 1974 Act 133"
1991 0 Supreme(MP) 511 • India - Madhya Pradesh
K.JAYACHANDRA REDDY, YOGESHWAR DAYAL
(5) Words and Phrases -- word "premises" is very wide -- it includes buildings ... By its very wording Section 143 is prospective and it makes that the annual value of the building as under the Adhiniyam to be deemed to be the annual value for the assessment of property tax or land or building under the Act. ... The drainage tax and the lighting rate came into force on 1st April, 1971. At the time when these taxes were imposed the Corporation was prohibited from imposing property tax and the annual Jett....
1975 0 Supreme(SC) 188 • India - Supreme Court
H.R.KHANNA, M.H.BEG, Y.V.CHANDRACHUD
is applied for - Levy does not depend upon whether a building has been in fact constructed with result that whether a building is ... under which the Permission Fee is attempted to be levied is that it becomes payable at time when the permission to construct a building ... In 1964 the Andhra Pradesh State Legislature passed Act, 2 of 1964, which with the exception of Chapter VII of the Act, came into ... The laying of roads and drainage or the supply of street lights ....
1981 0 Supreme(MP) 464 • India - Madhya Pradesh
G.P.SINGH, FAIZAN UDDIN
of drainage tax, lighting rate and general sanitary cess. ... the annual value for the assessment of the property tax on such land or building under the Corporation Act until the Commissioner ... (2-C) and, therefore, the imposition of drainage tax, lighting rate and sanitary cess were in valid. ... , impose any of the following taxes, namely, (e) a lighting rate where the lighting of public streets, places and buildings is undertaken by the Corporation: (g) a drainage#HL_END....
1991 0 Supreme(SC) 670 • India - Supreme Court
K.JAGANNATHA SHETTY, YOGESHWAR DAYAL
1956 - Section 132 - Demand for payment of lighting rate and drainage tax - Civil Miscellaneous Petition - Division Bench in impugned ... is provided Court are afraid that what clause (d) of sub-section (1) of Section 132 talks about is not in relation to any house building ... Madhya Pradesh Sthawar Sampatti Kar Adhiniyam - Section 138 - Madhya Pradesh Municipal Corporation Act, ... By its very wording Section 143 is prospective and it makes that the annual value of the building as under the Adhiniyam to be deemed to be....
1983 0 Supreme(Ker) 203 • India - Kerala
SUKUMARAN
Urbanisation - Municipal Building Rules - [Kerala Municipal Corporations Act, 1961, R.30] - The court discussed the violation ... of R.30(1) of the Kerala Municipal Building Rules, which enjoins providing a vacant space of 7 feet between two buildings. ... Kerala Municipal Building Rules, specifically R.30(1) which requires a vacant space of 7 feet between two buildings. ... The cause of action was founded on R.30 of the Kerala Municipal Corporation Building Rules fra....
1992 0 Supreme(Cal) 100 • India - Calcutta
A.K.SENGUPTA, Shyamal Kumar Sen
all pending applications for sanction of buildings exceeding 13.5 meters in height in accordance with the Building Rules in force ... to dispose of all pending applications for sanction of buildings exceeding 13.5 meters in height in accordance with the Building ... of plans for the construction of buildings exceeding 13.5 meters in height. ... Streets and heights of building––(1) No building exceeding ten metres in height shall be constructed on a #....
2001 0 Supreme(Guj) 875 • India - Gujarat
B.C.PATEL, RAVI R.TRIPATHI
Apex Court – Held, It is required to be noted that earlier the Government itself made mandatory provisions in view of the National Building ... and the Corporation shall thereafter recover the cost of the same from the builder, as it was his responsibility to provide the building ... be most appropriate to direct the Ahmedabad Municipal Corporation to provide fire safety measures as required under the National Building ... It was the duty of the Corporation not to supply essential services such as water and drainage with....
1979 0 Supreme(Bom) 97 • India - Bombay
D.B.DESHPANDE, D.P.MADAN
street, within which, except under the provisions of section 310, no portion of any building abutting on the said street shall, ... a street, after giving seven days clear notice to the owner of the land or building and if necessary to clear the land. ... , verandah, step or some other structure external to a building abutting on a public street, which is within the regular line of ... sections 345 or 346, concerning the re-building, alteration or re....
1975 0 Supreme(MP) 52 • India - Madhya Pradesh
G.P.SINGH, C.P.SEN
(1) Municipal Corporation Act, 1956 (MP) - Ss. 366 & 294 - fee for grant of building permission - can be charged under the Act. ... building under section 294. ... Thus the Act authorises the Commissioner to fix rates of fee for grant of building permission required under section 294. ... of the streets have not been determined and the proposed building will obstruct or interfere with the construction in future of suitable streets o....
1995 0 Supreme(AP) 214 • India - Andhra Pradesh
S.V.MARUTHI, V.BHASKARA RAO
The question whether a land has a potential value as a building site or not? ... factors like its condition and situation, the use to which it is put or is reasonably capable of being put, its suitability for building ... deduction has to be made to make the acquired land fit for construction of houses by providing roads, water connection, underground drainage ... Ramaswamy, held:"in building Regulations, setting apart the lands for development of roads, drainage and other amenities like electricity etc....
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