It is a common misconception that Section 635 gives GHMC officials "blanket immunity." The Indian Judiciary has frequently intervened when this section is misused.
Officers can enforce laws and regulations decisively. what is section 635 of ghmc act 1955
The most important caveat of Section 635 is that the protection only applies if the official acted in "good faith." If an officer follows the standard operating procedures of the Act to demolish an illegal structure or clear an encroachment, they are protected. However, if it can be proven that the action was taken with (bad faith or personal malice), the shield of Section 635 may be lifted by a court. 2. Immunity from Personal Liability It is a common misconception that Section 635
While the section primarily focuses on officers, it also protects the GHMC as an entity from certain types of damages, provided the procedures laid out in the 1955 Act were followed correctly. Why Does This Section Exist? However, if it can be proven that the
No section of a state act can override the Constitutional rights of a citizen. Under Article 226 , a citizen can still approach the High Court for a Writ Petition if their fundamental rights are violated by the GHMC. Section 635 vs. Section 636
It is a common misconception that Section 635 gives GHMC officials "blanket immunity." The Indian Judiciary has frequently intervened when this section is misused.
Officers can enforce laws and regulations decisively.
The most important caveat of Section 635 is that the protection only applies if the official acted in "good faith." If an officer follows the standard operating procedures of the Act to demolish an illegal structure or clear an encroachment, they are protected. However, if it can be proven that the action was taken with (bad faith or personal malice), the shield of Section 635 may be lifted by a court. 2. Immunity from Personal Liability
While the section primarily focuses on officers, it also protects the GHMC as an entity from certain types of damages, provided the procedures laid out in the 1955 Act were followed correctly. Why Does This Section Exist?
No section of a state act can override the Constitutional rights of a citizen. Under Article 226 , a citizen can still approach the High Court for a Writ Petition if their fundamental rights are violated by the GHMC. Section 635 vs. Section 636