Indian Kanoon - Search engine for Indian Law

15. In B.M. Corpn,, v. Dhondu, the facts were : One Govind Hari was a monthly tenant of room No. 23 of chawl at Chandanwadi. On his death in 1961 the tenancy devolved on his widow Anusuyabai, who took in a boarder. The chawl belonged to the Municipal Corporation of Bombay and proceedings were taken to eject Anusuyabai and the boarder under Chapter VI-A of the Bombay Municipal Corporation Act. The proceedings were initiated by one of the officers to whom the powers of the Commissioner were delegated by him under S. 68 of the Bombay Municipal Corporation Act (3 of 1888) as amended by Maharashtra Act (14 of 1961). After due enquiry the officer passed an order evicting those persons. An appeal was filed under S. 105F of the Act before the Bombay City Civil Court. It was held that the delegation was not proper inasmuch as the judicial functions of the Commissioner under Ss. 105B to 105E had been delegated to be exercised under the Commissioner's control and subject to this revision. The learned Judge pointed out that judicial or quasi-judicial power could not ordinarily be delegated and that in any event, it could not be delegated when control over the decision was kept by the Commissioner. The order of eviction of the Supreme Court their Lordships held :