CAJUBHAI BALBHAI PRADHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The rule in this application raises a narrow question whether the petitioner accused has by his act or omission, withheld the water supply to the tenants, which is declared to be an essential supply under Explanation to section 24 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

(2.) The petitioner is a landlord of seven buildings, known as Ramanagar at Goregaon. There are 293 tenants in those buildings. The landlord used to charge an extra amount of Rs. 5/- per month to each of the tenants over and above the rent towards water charges. In or about April 1974, the petitioner demanded an amount of Rs. 15/- per month from each of the tenants towards water charges on the basis that the Bombay Municipal Corporation has raised the rate of water charges. The tenants resented the increase in the water charges. The tenants filed application in the Court of Small Causes for fixation of standard rent. Interim standard rent was fixed at 80 per cent of Rs. 66/- per month and interim water charges were fixed at Rs. 3/-. The petitioner landlord also made an application for enhancement of the water charges.

(3.) Pending these proceedings in respect of standard rent filed by the tenants and by the petitioner-landlord, on 7-3-1977 the Bombay Municipal Corporation cut off the water supply and on 8-3-1977 the President of the Tenants Association Lavji Pitamber filed a complaint at the Goregaon Police Station against the petitioner-landlord for cutting off an essential supply and thereby committing an offence under section 24 of the Bombay Rent Act, 1947.