1965 (2) TMI 104

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....Municipal Corporation of his functions under ss. 105B to 105E to certain officers of the Corporation was valid and proper. This question arises in the following circumstances : One Govind Hari was a monthly tenant of room No. 23 of a chawl at Chandanwadi. After his death in 1961 the tenancy devolved on his widow Anusuyabai, who took in a boarder. The chawl belonged to the Municipal Corporation and proceedings were taken to eject Anusuyabai and the boarder under Chapter VI-A of the Municipal Corporation Act. These proceedings were initiated by one of the officers to whom the powers of the Commissioner were delegated by him under s. 68 of the Act. After due enquiry the officer passed an order evicting these persons. An appeal was filed ....

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....ses the word "Commissioner" shall, to the extent to which any municipal officer is so empowered, be deemed to include such officer. (2) The sections, sub-sections and clauses of this Act referred to in sub-section (1) are the following namely Section 105B. " 105C. " 105D. " 105E. A reference to ss. 105B, 105C, 105D and 105E was inserted by the Maharashtra Act XIV of 1961. These sections are in Chapter 6A which was also newly added by the same Act. It is not necessary to refer to these sections, except a portion from s. 105B which brings into prominence the action taken by the Corporation against the respondents : "105B. Power to evict person from corporation premises. (1) Where the Commissioner is satisfied- (a) t....

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....pter VIA were expressly intended to be delegated. To the delegation as such there can be no objection. What is objected to is the provision, both in the section as well as in the order of delegation, that the exercise of the function is to be under "the Commissioner's control" and "subject to his revision". These words are really appropriate to a delegation of administrative functions where the control may be deeper than in judicial matters. In respect of judicial or quasi-judicial functions these words cannot of course bear the meaning which they bear in the delegation of administrative functions. When the Commissioner stated that his functions were delegated subject to his control and revision it did not mean that he reserved to himself t....