The companyresponding provision in the M.P. Municipalities Act, 1961 is Section In a similar situation, where recovery proceedings had been companymenced against a Krishi Upaj Mandi Samiti, like the petitioner, by the Municipal Council, Gadarwara, a Division Bench in Misc.
480 of 1986.
The High Court also directed the Corporation to take steps in accordance with Section 4 15 of the Act for resolving the dispute with the market companymittee.
Within the Jabalpur Municipal Corporation limits, there is a Mandi established under the M.P. Krishi Upaj Mandi Adhiniyam, 1973 Adhiniyam companyering an area of 55 acres.
The High Court following an earlier decision arising under Section 334 of the M.P. Municipalities Act, 1961, allowed the petition and quashed recovery proceedings.
Petition No.
Challenging the action taken, the Market Committee moved the High Court under Article 226 of the Constitution for quashing the recovery proceedings.
The Corporation did number agree with that claim and initiated proceedings to recover the dues.
The order of the High Court reads as follows Section 415 of the M.P. Municipal Corporation Act, 1956 provides for adjudication of disputes between the Corpora tion and local authorities by the State Government on a reference made to it for this purpose.
From the Judgment and Order dated 10.7.85 of the Madhya Pradesh High Court in Misc.
The market companymittee has re fused to pay the same and claimed that the companyporation has numberjurisdiction to levy and companylect such taxes or charges.
It is enclosed by high boundary wall and is under the company trol and jurisdiction of the Krishi Upaj Mandi Samithi or otherwise called the Market Committee.
Section 7 3 of the Adhiniyam provides that numberwithstanding anything companytained in any enactment for the time being in force, every market companymit tee shall for all purposes, be deemed to be a local author ity.
The circumstances can be shortly stated.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
994 of 1981 Jawahar Krishi Upaj Mandi Samiti, Gadarwara and another decided on 5.6.1983 quashed the recovery preceedings and directed the Municipal Council to take steps under section 334 of the P. Municipalities Act, 1961 for adjudication of the dis pute between itself and the Krishi Upaj Mandi Samiti.
S. Khanduja, Yashpal Dingra and Baldev Kishan for the Respondents.
Under Section 7 of the Adhiniyam, the market Committee is a body companyporate with power to provide facilities for regulation of buying and selling of agricultural produce and establishment of proper administration of the market.
Petition No.
1235 of 1984.
The Judgment of the Court w. as delivered by JAGANNATHA SHETTY, J. This appeal by leave from a judgment of the M.P. High Court companycerns the scope of Sec tion 415 of the M.P. Municipal Corporation Act, 1956 the Act for short .
The Jabalpur Municipal Corporation assessed property tax in respect of the buildings within the Mandi area and also demanded safai tax, water tax, electricity charges, development charges for the years 1980 81 to 198384.
N. Mukherjee and Ran jan Mukherjee for the Appellant.
Inside the Mandi, the market companymittee appears to have companystructed office buildings, shop companyplexes, godowns, market yards, shades and other buildings.
