VidhiSangh

Supreme Court of India · 07/11/2022

MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS versus PROPERTY OWNERS’ ASSOCIATION & ORS.

[2022] 14 S.C.R. 679 · 2022 INSC 1181

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Summary

This case concerned Mumbai's switch to levying property tax on capital value, using the Stamp Duty Ready Reckoner as the base value. The Supreme Court dismissed both sides' appeals. It upheld the High Court's view that the Municipal Corporation Act amendments are valid. They fall within Entry 49 of List II, are consistent with Article 243-X, and did not have to come from the Finance Commission. It also agreed that the Capital Value Rules apply only from 20.03.2012. Rule 20, which valued open land by its unused FSI or TDR potential, was ultra vires. Capital value must rest on a property's present physical attributes and actual use under Section 154(1A)(a) to (e), not on its future development potential.

Issues

  1. Whether the Commissioner, under Section 154(1A) and (1B) of the Mumbai Municipal Corporation Act, 1888, could fix capital value of open land by reference to its potential to use more than 1 FSI or TDR, and whether the Capital Value Rules, 2010 could operate from 1 April 2010.
  2. Whether the amendments introducing capital value-based property tax were valid against challenges based on legislative competence, Articles 243-X and 243-Y, excessive delegation and Article 14.

Provisions considered

Held

Result

Civil Appeal No. 8239 of 2022 by the Municipal Corporation and the connected appeals by the original writ petitioners against the Bombay High Court's judgment dated 24.04.2019 dismissed; no costs; the contempt petition was segregated for separate listing.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 679.