ALLAHABAD DEVELOPMENT AUTHORITY Vs. SABIA KHAN

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and order dated 1st July, 2003 passed by the Division Bench of the Allahabad. High Court in the writ petitions filed by the respondents herein questioning the legality/validity of the following rates/charges levied by the first appellant herein namely: <FRM>JUDGEMENT_939_UJ2_2006Html1.htm</FRM>

(2.) IN the writ petitions filed before the High Court only the first appellant herein and its Zonal officers were impleaded as parties. The State of Uttar Pradesh and even the U.P. Jal Sansthan, another statutory body constituted under the provisions of U.P. Water Supply & Sewage Act, 1975 were not impleaded therein as parties. The Division Bench of the High Court allowed the writ petitions primarily on the premise that the court can take 'judicial cognizance' of certain facts, stating "we may notice that in relation to the water charges it was opined that as water is supplied by the U.P. Jal Sansthan, constituted under the U.P. Water Supply & Sewage Act, 1975, the first appellant herein has no water works of its own."

(3.) WHILE dealing with constitutionality and/or applicability/legality of a statute and/or the rules and regulations framed thereunder, the power of judicial review is limited. The High Court in our opinion ought to have applied its mind having regard to the well-settled principles in regard thereto and as laid down by this Court in various decisions. In any view of the matter, the said finding could not have been arrived at by the High Court in absence of the State of Uttar Pradesh as a party in the writ petition. We are, therefore, of the opinion that the impugned judgment cannot be sustained. In our opinion the High Court should consider the writ petitions filed by the respondents and other connected matters, if any, applying the relevant principles applicable therefor. The impugned judgments are, therefore, set aside. The appeals are allowed and the matters are remitted to the High Court for consideration of the matters afresh.