Bombay Municipal Corporation Act Sec. 61 and 63

Construction of Bus Depot and commercial Accommodation in a Plot reserved only for a Bus Depot.

             In this case, a plot was reserved under the Development Plan for Bombay and Verified Andheri Town Planning Scheme, for a bus depot of Bombay Electricity Supply and Transport undertaking (BEST). However, the BEST decided not only construct the but also commercial accommodation. This was challenged before Bombay High Court by the Prabhat Mandal and got the stay order. Finally, the case came up before the Supreme Court after the judgement of the Division Bench of the Bombay High Court which dismissed the petition of the appellant. There were many issues before the Court. However the main issue was can the Corporation change the development scheme and permit BEST to construct commercial shops apart from bus depot which was purely earmarked bus depot.

            The Court observed that section 61 of the Bombay Municipal Corporation Act, enumerates the obligatory and discretionary duties of the Corporation. The Court observed that the Section 61(2) refers improvement of Greater Bombay. Section 63 (k) authorizes the Corporation to take any measures to promote public safety, health, convenience. The plot in question admittedly lies in a commercial one and if the facilities are given to the people of that locality providing for commercial offices these facilities would towards the improvement of Bombay. It cannot therefore be said that the transaction was outside the Bombay Corporation Act. The Court also observed that the purpose of the Corporation obviously was the best utilization of the available space. “If in a commercial zone the Corporation was able to make available accommodation for commercial purposes we do not see why such a venture cannot be one either for the purpose of promoting public safety, connivance or in the nature of facilities being made available as a part of the improvement of the city. If the Commercial activities are pinpointed a commercial zone and for that purpose the Municipal Corporation takes a step to provide accommodation for commercial purposes it cannot be said that the property of the Corporation was being acquired or held for the purposes other than the purposes of the Act”.

           The Court held that in the present case the plot has used for bus depot combined with a commercial use to augment income of the Corporation for the public purpose. Hence, the Court dismissed the petition.