MUKUNDDAS Vs. CITY OF JABALPUR CORPORATION

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India the petitioners question the legality of the imposition of "general water rate" by the Jabalpur Corporation on the tenements of a building owned by them.

(2.) According to the petitioners soon after the completion of the building in 1955 they sank two wells within the compound appurtenant to the building and installed three electric motor pumps for pumping water for distribution in the different tenements; that they had to make their own arrangement for water supply as the Corporation water mains in the Wright Town area where the building is situated did not maintain sufficient pressure for supply of water even on the ground floor and much less on the other floors; that on 9th September 1955 they took 1/2" and 3/4" water pipe connections from the Corporation and these pipe connections dropped directly into one of the wells situated in the compound that by an order passed by the Corporation on 1st November 1955 the petitioners were made liable to pay a water rate for water supplied through these water connections in accordance with Rule 3 of the Rules framed by the Municipal Committee, Jabalpur, under the C P. and Berar Municipalities Act, 1922, for the imposition of a water rate on persons residing within the limits of the Jabalpur Municipality and that thereafter in the re-assessment proceedings held in 1958 compulsory water rate under Rule 9 of the said Rules was imposed on each of the tenements. The applicant's objection to the assessment of water rate was rejected by the Secretary of the Corporation 31st December 1959 and the order of the Secretary was up held in appeal on 7th November 1960 by the Chief Executive Officer of the Corporation. The applicants contended that they are not liable to pay any general water rate under Rule 9 and pray that a writ of certiorari be issued for quashing the assessment order passed in 1958 and upheld by the Secretary and the Chief Executive Officer of the Corporation.

(3.) It was argued by Shri Sen, learned counsel appearing for the petitioners, that under Section 120 (1) (d) of the City of Jubbulpore Corporation Act, 1948, a water rate could only be imposed for water supplied by the Corporation, and unless water was supplied to a particular tenement by the Corporation, no rate could be levied in respect of the tenement. Learned counsel proceeded to say that the respondent Corporation was unable to supply water to the petitioners' premises and it was because of this inability of the Corporation that the applicants were compelled to make their own arrangements for the supply of water to the various tenements from wells sunk in the compound, that the quantity of water supplied through the 1/2" and 3/4" pipe connections dropping into one of the wells was negligible and the meter attached to the fitting did not record any reading; and that though there existed a public water standard beyond 200 yards of the petitioners building, the Corporation installed another water standard some two years back within 200 yards of the building just to enable them to impose a water rate on the petitioners under Rule 9 (a). It was said that this new water standard was a dummy and that no water rate under Rule 9 could at all be imposed on the petitioners as they already had a pipe connection to the well from the service pipe of the Corporation and were being charged under Rule 3 for the water supplied through this connection.