KAPILAVAYI SATYANARAYANA AND OTHERS Vs. THE BEZWADA MUNICIPALITY

JUDGEMENT

(1.) The same question arises in these four appeals, namely whether the Vijiawada Municipality has the power to impose on and collect from the plaintiffs tap-rate charges in respect of the supply of water to their houses. The facts lie in a small compass and they may be narrated. The water works in the defendant's Municipality were completed in the year 1909. In the year 1912, house service connections were given by the Municipality to the houses of the plaintiffs without any tax. After several infructuous attempts made by the Municipality to levy tax in one shape or other, in the year 1946. purporting to be in exercise of the power conferred upon it under the District Municipalities Act, they framed bye-laws empowering the Municipality to levy water charges in respect of the service connections either under the meter charge or tap rate systems, The defendant issued notices to all the plaintiffs threatening to enforce bye-laws Nos. 7 (a) and 9 (a) of the new water works bye-laws of 1946, and required them to pay tap rate charges. The suits were filed for a permanent injunction restraining the defendant from enforcing the said bye laws and from collecting any tap-rate charges from them in respect of the houses mentioned in the plaint schedules. The learned District Munsif held that the bye-laws were valid and dismissed the suits. In appeal, the learned Subordinate judge of Vijiawada took the same view. Hence the appeals.

(2.) The learned Counsel for the appellants argued that in or about the year 1912, the Municipality entered into a binding contract with the plaintiffs to supply water to their houses free of cost and that they have no power under the District Municipalities Act to enact a bye-law authorizing them to collect tap-rate charges in respect of the connections covered by the contracts and in derogation of its terms. The impugned bye-laws are 7 (a) and 9 (a). They read:

(3.) These bye-laws were made under Sec. 306 (3) (a) (b) and (c) of the Madras District Municipalities Act, (Act V of 1920). Under the said bye-laws, the Municipality has power to impose tap-rate system in respect of service connections in existence on the date of coming into force of the bye-laws. If these bye-laws are valid, the Municipality has power to introduce tap-rate system in regard to existing connections. It was, therefore, contended that these bye-laws are ultra virus of the powers of the Municipality.