KUMAUN JAL SANSTHAN KUMAUN Vs. PRESCRIBED AUTHORITY NAINITAL

JUDGEMENT

(1.) These writ petitions have been preferred by the Kumaun Jal Sansthan, a statutory authority constituted under theU.P. Water Supply and Sewerage Act, 1975 and are directed against identical orders passed by the Civil Judge (Senior Division), Nainital whereby he allowed as the appeals filed by the respondents under S. 54 of the said Act. All the orders are dated 13th of July, 1998 and have been passed in appeal Nos. 2 of 1997, 4 of 1997, 5 of 1997, 6 of 1997, 7 of 1997, 3 of 1997 and 1 of 1997, respectively. Affidavits have been exchanged.

(2.) . I have heard Sri R. M. Saggi, learned counsel for the petitioner and Sri Siddharth, learned counsel for contesting respondent No. 2.

(3.) . The respondents are residents of town Jaspur in the district of Udham Singh Nagar within the territorial area of Kumaun Jal Sansthan, Nainital and are owners/occupiers of various properties. Somewhere in the June-July, 1997, suddenly the Jal Sansthan initiated proceedings for the recovery of water tax for the periods 1979 to 1997 and demand notices in various sums were issued. The demand in each case being substantial as it related to a period of (sic) years, the respondents, except Smt. Shanti Devi respondent in Writ Petition No. 404 of 1998, came to this Court in Civil Misc. Writ Petition No. 24821 of 1997 challenging the recovery of water tax on various grounds. This Court by an order dated 4th of August, 1997 and without issuing any notice to the Jal Sansthan that was arrayed as respondent No. 2 to the said writ petition, disposed of the same observing that no water tax demand can be raised without assessment having been made and any assessment made is appealable before the Prescribed Authority. The petitioners were, therefore, ordered that they may take up appropriate proceedings against the assessment order and if an appeal is preferred by the petitioners against the assessment order within one month, then the same will be entertained by the appellate authority without raising any objection as to the limitation. This Court further directed that if the petitioners apply for obtaining a copy of the assessment order, then the same will be supplied by the assessing authority within one week from the date of the receipt of proper application. It was thereafter that the respondents in these petitions preferred appeals to the Prescribed Authority i.e. the Civil Judge (Sr. Div.) Nainital stating inter alia that they applied for the copy of the assessment orders to the Asstt. Engineer of the Jal Sansthan but no copy has been supplied. The appeal was contested inter alia on the ground that the same was not maintainable under the provisions of the Act because no assessment was made by the Jal Sansthan as it had adopted the assessments made by the Municipal Authority. The learned Civil Judge held that whatever be the basis of assessment, an appeal lies to the Prescribed Authority. The learned Civil Judge found that no specific order of assessment had been made and no opportunity of hearing was given to the appellants. The prescribed authority (Civil Judge, Sr. Div.) Nainital allowed the appeals and quashed the demand notices dated 7-2-1997 and the Jal Sansthan was directed to issue notices to the appellants and to make the specific orders of assessment after giving them an opportunity of hearing. The Jal Sansthan feels aggrieved by the orders of the Prescribed Appellate Authority and has come to this Court through these writ petitions.