BELLARY NAGARIKARA VEDIKE BELLARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AGGRIEVED by the revision of water rates made by the Karnataka Urban Water Supply and Drainage Board, Bellary Division, Bellary, vide public notice dated 3 -12 -1986 (Annexure -A), the petitioner -Association prayed for quashing of the aforesaid public notice with direction to the 2nd respondent to refrain from giving effect to the revised water rates. It is contended that the 1st respondent -State was duty bound to supply water to the citizens and maintain the minimum required water supply for drinking and other hygienically purposes for improving the standard of living and public life. The 3rd respondent had been entrusted with the supply of water in the Bellary Division. The KarnatakaUrban Water Supply and Drainage Board Act, 1973 (hereinafter called the 'Act') was enacted for the purposes noted herein above.

(2.) THE 3rd respondent was supplying water to the citizens as regards domestic supply at the rate of 0.30 ps. per thousand litres which was revised to Rs. 10.00 per tap; whereas for non -domestic supply the rate was Rs. 2.00 per thousand litres and Rs. 3.00 per thousand litres for industries and cinemas. The rates were again revised on 17 -8 -1983. However, vide rates revised on 9 -1 -1985, it was provided that the domestic supply of water shall be at the rate of Rs. 1.86 per thousand litres; non -domestic supply at the rate of Rs. 3.72 per thousand litres; and commercial supply at the rate of Rs. 5.58 per thousand litres. Vide Annexure -A, the rates of water supply were further revised substantially increasing the rates at the rate of Rs. 2.60 per thousand litres for Domestic metered connection; Rs. 5.20 per thousand litres for Non -Domestic metered connection and at the rate of Rs. 26/ - per connection/month for a period from 1 -1 -1987 to 30 -6 -1987 in respect of un metered domestic connections and thereafter at the rate of Rs. 96/ -per connection/month in respect of 1/2' bore; and Rs. 56/ - per connection/month in respect of 3/4' bore upto 30 -6 -1987 and at Rs. 216/ - from 1 -7 -1987 onwards. The petitioner -Association objected to the revision - -in response to which, a meeting was held where the 2nd respondent furnished a copy of the note prepared explaining the basis for revision of rates. The proceedings of the Meeting held on 19 -12 -1986 and 23 -1 -1987 have been attached to the petition as Annexure -C and D respectively. Despite taking decisions, no relief was granted to the citizens. It is submitted that for the losses suffered by the Board, the respondents alone are responsible for which the common citizens cannot be burdened. It is contended that before increasing the rates, no rational approach is alleged to have been taken by the respondents. Action of the respondents is alleged to be against the statutory provisions requiring immediate action in public interest.

(3.) WHILE issuing rule on 12th March, 1987 respondent 2 was directed to collect water rates at the rate of Rs. 2/ - per 1,000 litres for domestic supply. The said order was modified on 27th July, 1987 directing petitioners to pay the charges and respondents 2 and 3 to fix the meters for all water connections in Bellary on or before 15 -9 -1987. Till then respondents 2 and 3 were directed to collect water rates at the rate of Rs. 2/ -per 1000 litres and for un metered connections at the rate of Rs. 26/ - per meter connection. It appears that the stay granted by the Court was not extended after 31 -3 -1988.