https://www.taxtmi.com/caselaws?id=197097 A municipal body cannot license or lease portions of an existing public road for regular commercial occupation without express statutory authority. The Bengal Municipal Act, 1884 permitted disposal of road land only where the road had been permanently closed or diverted and was no longer required as a roadway; it did not cover a live public thoroughfare. Its temporary permission provision applied only to limited uses such as depositing movable property or making excavations, not to establishing a daily market on the roadway. The Municipality's action was therefore ultra vires, and declaratory and injunctive relief against it was affirmed. en-us Tue, 16 Apr 1935 00:00:00 +0530 Tue, 26 Dec 2017 16:14:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197097 A municipal body cannot license or lease portions of an existing public road for regular commercial occupation without express statutory authority. The Bengal Municipal Act, 1884 permitted disposal of road land only where the road had been permanently closed or diverted and was no longer required as a roadway; it did not cover a live public thoroughfare. Its temporary permission provision applied only to limited uses such as depositing movable property or making excavations, not to establishing a daily market on the roadway. The Municipality's action was therefore ultra vires, and declaratory and injunctive relief against it was affirmed. Case-Laws Indian Laws Tue, 16 Apr 1935 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197097