635 Of Ghmc Act 1955 - What Is Section

Without Section 635, the GHMC would likely be paralyzed. If every disgruntled citizen could sue a field officer personally for every fine or notice issued, the administrative machinery would collapse under the weight of legal fees and court appearances. This provision ensures:

It prioritizes the collective welfare of the city over individual grievances, provided the law is followed. Limitations and Judicial Oversight what is section 635 of ghmc act 1955

If the GHMC fails to provide a mandatory notice (under sections like 452 or 636) before taking action, the protection of Section 635 is often weakened in the eyes of the High Court. Without Section 635, the GHMC would likely be paralyzed

It is a common misconception that Section 635 gives GHMC officials "blanket immunity." The Indian Judiciary has frequently intervened when this section is misused. Limitations and Judicial Oversight If the GHMC fails

Understanding Section 635 of the GHMC Act, 1955: Legal Protection for Officials

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