Municipal Administration

Introduction: In all developed and developing countries there is an emphasis on the planned development of cities which is sought to be achieved by zoning, planning and regulating building construction activity. Such planning, though highly complex, is a matter based on scientific research, study and experience leading to rationalization of laws by way of legislative enactments and rules and regulations framed thereunder, in precise it is the basis of Municipal administration.

Municipalities in India was created by the Britishers. The first municipality in India was instituted in Madras city, presently Chennai as the Municipal Corporation in 1688. This was followed by the setting up of the subsequent municipalities in India in Mumbai and Kolkata. Presidents of these municipalities in India were elected by Lord Mayo’s Resolution of 1870.  In 1992, by the 74th Constitutional Amendment Act the Municipalities received their constitutional recognition.  This Act has added Part IX-A to the Constitution of India. It is entitled as ‘The Municipalities’ and has inserted provisions from Articles 243-P to 243-ZG. In addition, the Act has also added Twelfth Schedule to the Constitution. It contains 18 functional items of municipalities listed under Article 243-W.

Constitution provides –

(1) Nagar panchayats for areas in transition from a rural area to an urban area.

(2) Municipal councils for smaller urban areas.

(3) Municipal corporation for larger urban areas.

The main functions of Municipality in India are:

1. The construction, diversion, maintenance and improvement of streets, bridges, squares, gardens, tanks, ghats, wells, channels, drains, latrines and urinals;
2. Building regulations and  Town planning.
3. Issuing Trade licences.
4. Water-supply;
5. Sewage & drainage disposal;
6. Street Lighting;
7. Solid Waste management
8. Construction and maintenance of municipal markets and slaughterhouses;
9. Disposal of the dead animals or bodies;
10. Establishment and maintenance of burial grounds;
11. Registration of births and deaths;
12. Maintenance of monuments and historical places;
13. Clearing Public Street and places; etc.
14. Imposing penalties for violation of Municipality provisions.

Ministry of Urban Development

Ministry of Urban Development is the highest  India Government Department for formulation and administration of the rules and regulations and laws relating to the housing, urban development, municipal administration and keeping Vital statistics. The ministry also proposes Model Municipal Code and Model Building Rules.

• Model Building Bye-Laws- 2016

SEBI Guide Lines

ISSUE AND LISTING OF DEBT SECURITIES BY MUNICIPALITIES REGULATIONS, 2015

U/S Section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), SEBI enacted regulation for public issue of debt securities by municipalities, listing and trading of such securities and matters incidental thereto.

Case Laws

Esha Ekta Apartments Co-operative Housing Society Limited and others vs Municipal Corporation of Mumbai and others [ 27 Feb 2013]

• “any person who undertakes or carries out development or changes the use of land without permission of the Planning Authority is liable to be punished with imprisonment. At the same time, the Planning Authority is empowered to require the owner to restore the land to its original condition as it existed before the development work was undertaken. The scheme of these provisions do not mandate regularization of construction made without obtaining the required permission or in violation thereof” (Para-29)
• a promoter who intends to construct or constructs a block or building of flats, all or some of which are to be taken or taken on ownership basis, shall in all transactions with persons intending to take or taking one or more of such flats, be liable to give or produce, or cause to be given or produced, the information and the documents mentioned in the statute or rules (Para-41)
• Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception, with the lapse of time and frequent exercise of the discretionary power conferred by such exception, has become the rule. Only such deviations deserve to be condoned as are bona fide or are attributable to some misunderstanding or are such deviations as where the benefit gained by demolition would be far less than the disadvantage suffered. Other than these, deliberate deviations donot deserve to be condoned and compounded. Compounding of deviations ought to be kept at a bare minimum.
• A professional builder is supposed to understand the laws better and deviations by such builders can safely be assumed to be deliberate and done with the intention of earning profits and hence deserve to be dealt with sternly so as to act as a deterrent for future.
• Dipak Kumar Mukherjee v. Kolkata Municipal Corporation and others the (2012) 10 SCALE 29 -Observations reaffirmed: “What needs to be emphasised is that illegal and unauthorised constructions of buildings and other structure not only violate the municipal laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. The common man feels cheated when he finds that those making illegal and unauthorised constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan. The reports of demolition of hutments and jhuggi jhopris belonging to poor and disadvantaged section of the society frequently appear in the print media but one seldom gets to read about the demolition of illegally/unauthorisedly constructed multi-storied structure raised by economically affluent people. The failure of the State apparatus to take prompt action to demolish such illegal constructions has convinced the citizens that planning laws are enforced only against poor and all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors.”

Go Home