B W S S B Vs. RAMAKRISHNA AITHAL

JUDGEMENT

(1.) These writ appeals are filed by the Bangalore Water Supply and Sewerage Board (hereinafter referred to as 'the Board') against the common Judgment of the Learned Single Judge in Writ Petition No. 34141 of 1981 and connected Writ Petitions.

(2.) In the Writ Petitions, the petitioners, who are non-domestic consumers of water supplied by the Board in the City of Bangalore, questioned the validity of Regulation 7-A introduced into the Bangalore Water Supply Regulations, 1965 (hereinafter referred to as 'the Regulations') by an amendment made on 1st November, 1981. By the said amendment, every non-domestic consumer was required to make a deposit of an amount equal to six times the average monthly charges with the Board. The contention of the petitioners was that Regulation 7-A was ultra vires the power conferred on the Board under the provisions of the Act. The Learned Judge accepted the contention of the petitioners and declared the regulation invalid.

(3.) Learned Counsel for the appellant contended that the Regulation was within the powers of Board conferred under Section 31 of the Act. He submitted that the wording of the said provision was similar to that of Section 49 of the Electricity Supply Act and that the Supreme Court in the case of Jagadamba Paper Industries (Pvt.). Ltd. v. Haryana State Electricity Board, AIR1983 SC 1296 , 1983 (2 )SCALE1008 , (1983 )4 SCC508 , [1984 ]1 SCR165 , 1984 (16 )UJ126 (SC ) had held that under Section 49 of the Electricity Supply Act, the Electricity Board concerned had the power to make regulation requiring the consumers to make deposits of a reasonable amount for the purpose of ensuring the payment of the bills, and, in view of the ratio of the said decision, it must be held that the Board has got similar powers under Section 31 of the Act and the validity of Regulation 7-A should be upheld.