1996 (7) TMI 573

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....of Section 3 of the Bombay Provincial Municipal Corporation Act,1949 (hereafter called the 1949 Act) dated April 23, 1992 published on April 28, 1992, was put to challenge separately by the respective two special leave petitioners before the High Court of Bombay whereby the industrial estate/area where they had put up their industries was brought within the territorial limits of the Solapur Munici....

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....1961 Act, were almost the same as that of the 1949 Act inasmuch as both go to provide civic amenities, maintenance and upkeep of public places etc. as statutorily enumerated in the respective two statutes. It was also maintained that under Section 56 of the 1961 Act the State Government has not yet withdrawn the industrial estate/industrial area from the purview of the Industrial Development Corpo....

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....tion of such estate or area or part thereof as the circumstances necessitate." It is not disputed that since the State Government has not yet withdrawn the industrial estate/industrial area concerned from the hold of the Corporation, the provisions of the 1961 Act continue to apply. The Preamble thereof is suggestive of its objects sought to be achieved namely the orderly establishment in indus....

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....and incidental to the main purpose of the respective two statutes. The suggestion drawn from the Assembly debates, to which our attention has been drawn, while passing the 1961 Act, suggestive of the fact that the industrial estates or industrial areas on ripening were meant to be kept under the purview of the 1961 Act until some civic administration in the form of a Panchayat or Municipality coul....