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• The Supreme Court has upheld the authority of the Navi Mumbai Municipal Corporation (NMMC) to levy and collect property tax in the TTC MIDC industrial area.
• The ruling resolves a legal dispute pending since 2010 involving a small-scale industries association challenging the civic body’s jurisdiction over the industrial zone.
• The court clarified that ‘tax’ and ‘fee’ are legally distinct, stating that MIDC can levy service-related charges but not municipal taxes.
• The judgement was delivered after examining provisions under the Maharashtra Municipal Corporations Act, MID Act, 1961, and MRTP Act, 1966.
• NMMC Commissioner Dr Kailas Shinde has appealed to industrial units to clear pending property tax dues and contribute towards urban infrastructure development.
The Supreme Court has ruled that the Navi Mumbai Municipal Corporation (NMMC) is the competent authority to levy and recover property tax in the TTC MIDC industrial area, bringing closure to a long-pending legal dispute involving industrial units operating in the region. The matter, pending before the apex court since 2010, was filed by an association representing small-scale industries that had questioned whether the TTC MIDC zone fell under the civic jurisdiction of NMMC. Advertisement
In its judgement delivered in the past week, the Supreme Court examined provisions under the Maharashtra Municipal Corporations (MMC) Act, the Maharashtra Industrial Development Act, 1961, and the Maharashtra Regional and Town Planning (MRTP) Act, 1966. Based on the statutory framework governing industrial development and municipal administration, the court held that the entire TTC MIDC area falls within the jurisdiction of the Navi Mumbai civic body.
The court also addressed a separate challenge concerning NMMC’s authority to impose property tax within the industrial estate. During the proceedings, the petitioners had argued that industrial units operating in the area were already paying charges to the Maharashtra Industrial Development Corporation (MIDC), and therefore imposition of municipal property tax would amount to double taxation.
Rejecting this argument, the Supreme Court clarified that ‘tax’ and ‘fee’ are distinct legal concepts and cannot be treated interchangeably. The judgement stated that the power to levy taxes is a sovereign function vested in local self-government bodies such as municipal corporations, while fees are charges collected against services rendered or facilities provided. The court observed that service-related fees collected by MIDC do not form part of municipal taxation.
The apex court further clarified that MIDC is empowered only to collect service fees and related charges within industrial areas and does not possess statutory authority to impose municipal taxes. Referring to Sections 127 and 128A of the Maharashtra Municipal Corporations Act, the court held that the power to levy property tax in the TTC MIDC area rests with the Navi Mumbai Municipal Corporation.
With the ruling, a significant issue concerning pending property tax recovery in the industrial belt has effectively been resolved after remaining under litigation for more than a decade. The judgement is expected to strengthen NMMC’s revenue collection mechanism from industrial properties located across the TTC MIDC zone, which houses a large concentration of manufacturing, logistics and industrial establishments.
Following the verdict, NMMC Commissioner Dr Kailas Shinde stated that the judgement had cleared the way for municipal property tax recovery in the industrial area. He said revenue collected through municipal taxation is utilised for civic infrastructure and urban development works across Navi Mumbai. Appealing to industrial units to comply with the ruling, Shinde urged small-scale industries and other establishments in the TTC MIDC region to clear pending property tax dues and contribute towards the city’s development initiatives.
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