Suit against Nagar parishad..... Notice u/s 304 when required.....?
- Basically no suit lie against municipal council, nagarpanchayat or against any committee constituted under The Maharashtra Municipal Councils, Nagar Panchayat And Industrial Townships Act,1965, or against any offers or servent of a Council in respect of any act done in pursuance or executing or intended execution of the above act or in respect of any alleged neglect or default in the execution of this act unless notice u/s 304 is served.
- But suit shall be filed within 6 month from the date of accrual of the cause of action after serving 1 month notice.
- While filing suit against Municipal Council, Nagarapanchayat , It's committee,servant, officer we shall take into consideration basically whether "act "of them is in pursuance of Municipal Act (The M.M.C.N.P.& IT.Act 1965).
- If act of them is illegal, against provisions of municipal law or ultra vires then no notice u/s 304 is required for filing suit .
- Also as per Section 304(4) no notice is required if suit is filed under Section 38 of The Specific Relief Act 1963 (i.e. Suit for perpetual injunction).
- Nor format of above notice but it shall contain cause of action,name place of abode of intending plaintiff, claim of relief intending.
- Also waiving or dispense with above notice or it's period is no where provided in the act in fact it's mandatory notice . Municipal / Nagarpanchayat Council is a Local body not a Government so Section 80(2) of C.P.C. 1908 (i.e. waiver or dispense with notice in case of urgency) . Please peruse Section 32(3) of The Maharashtra (Bombay) Civil Courts Act 1869.
== Relevant Provision ==
- Section 304 Of Municipal Act 1965 .
- Section 80 of C.P.C.
- Section 32 of The Maharashtra (Bombay) Civil Court Act 1868.
= Relevant Judgement==
- Ratnagiri Municipal Council v/s J.S.Khanna & Co. 1987 M.L.J.166.
- Municipal Council Amravati v/s Shriram Shaligram Malviya 1993(3) M.L.J.484.
- Bajaja Tempo Limited v/s Pimpri Chinchwad New Township Municipal Council 1986(2) Bom.CR 321.
- Municipal Council Khurat v/s Komal Kumar A.I.R.1965 S.C.1321.
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