MUNICIPAL COMMITTEE Vs. SAVATRAM RAMPRASAD MILLS CO., LTD

JUDGEMENT

(1.) This appeal is filed by the Municipal Committee, Akola. The appellant was originally the defendant in the two suits separately brought by each of the respondents. Respondent No. 1, the Sawatram Ramprasad Mills is a textile mill at Akola. It had filed civil suit No. 29B of 1955 and the relief claimed was for refund of a sum of Rs. 1,440 -13 -0 paid by the mill to the appellant -committee by way of licence fee for the year 1952 -53. The mill also claimed a declaration that the byelaws framed by the municipal committee under Section 179(1)(1) of the C.P. and Berar Municipalities Act charging a fee at the rate of 0 -3 -0 per one thousand gallons of water from the Morna river taken by the mill through its pipe line were ultra vires of the committee. The plaintiff succeeded and the committee filed civil appeal No. 12B of 1956 in the District Court against the decision of the trial Court.

(2.) RESPONDENT No. 2, the Oudh Sugar Mills, Bombay, are the owners of the hydrogenating plant going by the name of the Berar Oil Industries at Akola. Respondent No. 2 filed civil suit No. 30 -B of 1955 against the municipal committee. Respondent No. 2 had paid a sum of Rs. 2,930 -11 -0 by way of water charges for the year 1952 -53 under protest. They filed a suit for the refund of that amount on the ground that they were not liable for any such water charge and also for a declaration that the byelaws made by the municipal committee under Section 179(1)(1) were ultra vires of the committee. This suit was also decreed and against that judgment and decree the appellant -committee filed civil appeal No. 13B of 1956.

(3.) A municipal committee was established for the town of Akola by a notification as far back as February 10, 1887. The municipal committee was established under the provisions of what was then known as the Berar Municipal Law of 1886. The municipal committee was governed by the provisions of the Berar Municipal Law till the G.P. and Berar Municipalities Act, 1922, was made applicable to the municipalities in Berar from February 15, 1924, by a notification dated February 2, 1924. From this date, the C.P. and Berar Municipalities Act, 1922, governed the municipalities in Berar and also the appellant -committee at Akola.