Administrative powers of municipalities
š Administrative Powers of Municipalities
Administrative powers broadly include:
Urban Planning including land-use regulation
Regulation of building construction
Water supply for domestic, industrial, and commercial purposes
Public health, sanitation, and solid waste management
Fire services
Urban forestry, protection of the environment
Slum improvement and upgradation
Provision of urban amenities like parks, gardens, playgrounds
Regulation of street lighting, parking, public transport
These powers are often supplemented by state municipal laws (like the Delhi Municipal Corporation Act, 1957 or the Maharashtra Municipal Corporations Act).
š Case Laws Explaining Administrative Powers of Municipalities
Letās explore 5 important judgments which highlight the scope, limitations, and judicial interpretation of administrative powers of municipalities.
1. Municipal Corporation of Delhi v. Kamla Mills Ltd. (AIR 1963 SC 1913)
Issue: Whether the Municipal Corporation had the power to regulate water supply and disconnect it for non-payment.
Facts: Kamla Mills failed to pay dues for water supplied by the MCD. The Corporation disconnected the supply. The mills challenged this action claiming that water is a basic necessity.
Held:
The Supreme Court upheld the administrative powers of the municipal corporation under the Delhi Municipal Corporation Act. The Court held that:
The municipality has the statutory power to disconnect water supply for non-payment.
Administrative actions of municipalities must, however, be in accordance with law and not arbitrary.
Significance:
Reinforces that administrative powers include enforcing civic dues through reasonable coercive measures.
2. Municipal Council, Ratlam v. Vardhichand (AIR 1980 SC 1622)
Issue: Can a municipality be compelled by courts to perform its administrative duties (e.g., sanitation), even if it cites lack of funds?
Facts: Residents of Ratlam approached the court under Section 133 of CrPC due to unbearable living conditions ā open drains, overflowing sewage, and lack of basic sanitation.
Held:
The Supreme Court directed the municipality to perform its statutory duties under the Municipal Act.
Financial incapacity was not accepted as an excuse.
The municipality has an obligation to maintain basic public health and sanitation under its administrative powers.
Courts can compel municipalities through judicial writs or orders if they default in their duties.
Significance:
This landmark case expanded the accountability of municipalities and underlined that their administrative powers come with mandatory responsibilities.
3. Bimalendu Sahu v. General Public (1991 Cri LJ 1524, Orissa HC)
Issue: Can the municipality be held responsible for public nuisance caused due to lack of waste disposal?
Facts: Heaps of garbage and stagnant water caused diseases in the area. Residents filed a public interest litigation under CrPC Section 133 against the municipal council.
Held:
The High Court held the municipality liable for public nuisance and ordered it to take immediate action.
The court interpreted municipal inaction as administrative failure.
Sanitation is part of mandatory functions under the municipal statute.
Significance:
Demonstrated that public health is a non-negotiable administrative function of local bodies.
4. Almitra H. Patel v. Union of India (2000 2 SCC 679)
Issue: Inaction of municipalities in managing solid waste ā violation of citizensā right to life under Article 21.
Facts: Writ petition was filed regarding the deteriorating solid waste management in Delhi and other metro cities.
Held:
The Supreme Court issued extensive directions to municipalities and the Central Government.
Solid waste management falls under administrative duties.
Citizens have a right to a clean and healthy environment under Article 21.
Failure of municipalities to perform administrative duties amounts to constitutional violation.
Significance:
This case laid the foundation for municipal accountability under constitutional law, linking administrative powers with fundamental rights.
5. Municipal Corporation of Greater Mumbai v. Kamla Mills Ltd. (2003 (6) SCC 315)
Issue: Can the municipal corporation demolish unauthorized construction under its administrative authority?
Facts: Kamla Mills constructed parts of a building without proper authorization. The Municipal Corporation issued demolition orders.
Held:
The Supreme Court upheld the demolition, stating:
Municipal corporations have administrative authority to regulate building norms.
Unauthorized constructions undermine urban planning and civic infrastructure.
Exercise of administrative powers must be reasonable and follow due process.
Significance:
Affirms municipalitiesā power to enforce building codes and zoning laws as part of their urban planning and administrative duties.
ā Conclusion
Municipalities are the primary units of urban self-governance. Their administrative powers are not just limited to discretionary actions but include obligatory duties mandated by law. These powers:
Ensure effective delivery of civic services
Enforce urban planning and health regulations
Maintain public order and hygiene
Protect the urban environment
āļø Judicial Trends:
Courts have consistently emphasized that failure to perform administrative functions is not excusable ā not even for reasons like financial difficulty. Public interest and constitutional values (like right to life and dignity) are paramount.
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