Mumbai Court September 1913 Judgments

The Great Indian Peninsula Railway Vs. the Municipal Corporation of Bo ...

Court: Mumbai

Reported in: AIR1914Bom104; (1914)16BOMLR104

Beaman, J.1. Notwithstanding the ingenious arguments of defendant's counsel the point seems too simple to allow of any doubt. Without enquiring how much or how little, under the term ' street,' vests under Section 289 of the Municipal Act, enough certainly does (and this was almost conceded) to support an action for trespass against any one interfering with the use of a public street as such. Section 293 expressly and designedly contemplates a case like this. No argument has been attempted in support of what was foreshadowed in the first issue. That was abandoned. No permission has been granted. Then let me consider Section 7 of the Railways Act. Is a public street 'immoveable property' Certainly. Does this public street belong to the defendant-Company Certainly not. The only question remaining to be answered is whether it is immoveable property subject to the Land Acquisition Act. In my opinion, most surely it is: Defendant contends that it is not because it is already a public street...