EVEREST SANITATION INDIA Vs. DELHI JAL BOARD

JUDGEMENT

(1.) In these writ proceedings under Article 226 of the Constitution of India, a condition has been imposed by the respondent, Delhi Jal Board(hereafter referred to as "DJB") through a circular, requiring testing of water meters before their procurement has been impugned.

(2.) The petitioners claim to be engaged in the business of manufacturing water meters (domestic type). They also claim to hold valid licences for use of ISI Standard Mark, issued by the Indian Standards Institution, by virtue of the Indian Standards Institution (Certification Marks) Act, 1952. It is averred that the use of ISI Standard Mark is governed by the provisions of Bureau of Indian Standards Act, 1986 (hereafter referred to as "BIS") Act as well as the Rules and Regulations framed under that Act. The BIS has spelt out standards applicable to the domestic water meters, which have to be adhered to by the manufacturers, to qualify the use of such mark. The specifications are contained in Indian Standard Water Meters (Domestic Type) Specifications being No. IS 779:1994 (hereafter called "the 1994 Standards"). The methods of testing performance requirement of water meters covered by the 1994 standards have been prescribed in the Indian Standard METHOD FOR PERFORMANCE TESTING OF WATER METERS (DOMESTIC TYPE) being No. IS 6784 : 1996 (hereafter called "Performance Standards 1996").

(3.) Initially in 1987 the predecessor of DJB by its circular approved procurement of only 8 approved make water meters, which were marked by the ISI, while sanctioning new water connections or replacement of defective, private meters. On 3.10.1994, due to a felt shortage of water meters a condition imposed by its previous circular of 1987 was suspended. On 23.8.2001, the DJB issued a circular in effect reviving its condition that only those water meters bearing the ISI Mark could be installed. This was followed by circular of 5.11.2001 which stated that till completion of process of formalities, the consumers could purchase, on a purely temporary basis (as stop gap arrangement) use of any ISI Mark dry dial type water meters manufactured as per BIS specification accompanied by a copy of a valid certification mark licence.