Akola Municipal Corporation v. Zishan Hussain Azhar Hussain ; 2025 INSC 1398 - PIL -Economic/Fiscal Policy Reforms

Constitution of India - Article 226 - Judicial interference by way of public interest litigation is available only if there is injury to public because of dereliction of constitutional obligations on the part of the Government. The writ jurisdiction of the High Court cannot be exercised in public interest for questioning the economic/fiscal policy or reforms sought to be undertaken by the Government or its functionaries. (Para 21) Court cannot substitute its judgment for that of the legislature or its agents as to matters within the province of either.  (Para 20) [Context: Supreme Court held that High Court was not justified to interfere in the economic policy decision taken by the Corporation to increase the rates of the property taxes and particularly when such revision was made after a considerable gap of about 16 years: The matters of tax revision fell squarely within the domain of the Corporation-Corporation, and the High Court ought not to have reassessed the merits of the policy decision as if it was sitting in appeal over the said decision. Trivial errors in the process of revision would not vitiate the entire regime of tax revision and collection. (Para 19) ]

Case Info


Case name: Akola Municipal Corporation and Anr. v. Zishan Hussain Azhar Hussain and Anr.

  • Neutral citation: 2025 INSC 1398
  • Coram: Justice Vikram Nath and Justice Sandeep Mehta
  • Judgment date: December 08, 2025
  • Appeal numbers: Civil Appeal Nos. 12488-12489 of 2024
  • Impugned orders: Bombay High Court (Nagpur Bench) judgment dated October 9, 2019 in PIL No. 42 of 2018 and order dated January 24, 2020 in MCA (Review) No. 42 of 2020

Caselaws and Citations

  • Shri Sitaram Sugar Co. Ltd. v. Union of India, (1990) 3 SCC 223
  • BALCO Employees’ Union v. Union of India, (2002) 2 SCC 333
  • Kirloskar Ferrous Industries Ltd. v. Union of India, (2025) 1 SCC 695

Statutes/Laws Referred

  • Maharashtra Municipal Corporations Act, 1949, including:
    • Section 99 (fixation of tax rates referenced by parties)
    • Sections 127 and 129 (criteria/procedure referenced in submissions)
    • Section 406 (statutory remedy/appeal)
  • Constitutional provisions cited generally in PIL context: Article 226 and Article 227 (judicial review scope referenced by parties)