Ram Bharose Sharma Vs. State of M.P. & Ors.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 10989 of 2020, Judgment Date: Jun 07, 2021

Law laid down:-

(i) Issuance of public notice by way of publication in newspaper for mutation purpose is as per principles of Public Policy and Public Welfare. It brings transparency, fair play and clarity in the mutation proceedings;

Concept of Public Policy- discussed & explained.

(ii) Commissioner, Municipal Corporation has power to declare certain expenses to be improvement expenses as per Section 378 of the Municipal Corporation Act, 1956;

(iii) Commissioner, Municipal Corporation can seek publication of notice from the person concerned on his own expenses else expenses shall have to be borne by Municipal Corporation and shall have to be paid through public money; and

(iv) Earlier judgments of Division Bench in Awas Smasya Niwaran Sansthan Vs. Municipal Corporation, Indore, 1986 (1) MPWN 290 & Ward Sudhar Samiti, Gwalior Vs. Municipal Corporation, Gwalior, 1991 MPJR 137 discussed and overruled as they pass sub silentio and stand per incuriam- reasons explained.

Ram Bharose Sharma Vs. State of M.P. & Ors.