ASHOK LALWANI Vs. MUNICIPAL CORPORATION JABALPUR

JUDGEMENT

(1.) Petitioners' grievance is of refusal to give water connection in the premises of the petitioners by the Municipal Corporation, Jabalpur, on the ground that property tax has not been deposited and dispute about it is pending consideration.

(2.) Petitioner No.1 is an Advocate. Petitioners are the joint owners of the house constructed on a portion of land which is part of the old bungalow numbered by the respondent Corporation as 1605, Civil Lines, Jabalpur. Petitioners constructed the house as per the plan sanctioned on 5-2-1997. The house was constructed before 5-2-2000. Petitioners submit that under Chapter XVI of the Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act') it is the duty of the Corporation to provide for supply of water,. The Corporation is empowered to supply water from its water works on an application being made to it under S. 221 of the Act. Section 225 of the Act provides for circumstances under which water supply to the premises can be cut-off. Petitioners submit that Chapter XVI of the Act provides for no other condition for seeking water supply except for application and payment of necessary charges. Respondent is not providing the water connection in spite of the readiness of the petitioner to pay all prescribed charges and expenses.

(3.) Respondent Corporation in the return contends that petitioners were required to pay property tax in respect of the land purchased by them. Upon their failure to pay the property tax, a notice under S. 145 (1) and (2) read with S. 146 of the Act was issued on 20-12-1996 proposing assessment of the property tax in respect of the said land. The petitioners raised objection as regards the assessment of property tax proposed by the respondent. The matter regarding assessment of property tax is pending consideration before the competent authority. In the meantime the petitioners approached the respondent for supply of water connection. A copy of the application was given to them on requisite fee. Petitioners did not submit the duly filled in application along with all the requisites. It is submitted that for providing a new water supply connection it is necessary that the applicant should have paid all Municipal Taxes. The application is required to be accompanied by a receipt regarding payment of property tax of the latest year or previous year as per specimen copy (R.1) of the said application. Municipal Corporation, Jabalpur has issued orders from time to time to the effect that new water connection shall be provided only after all dues are cleared. Two such orders are collectively filed as R. 2 to the return. Petitioners have not cleared property tax in regard to their land and buildings which they are liable to pay from the year 1995-96 onwards. They have not submitted returns under the self assessment scheme till this date. On account of on payment of the Municipal taxes the respondent has not provided water connection till this date. As soon as petitioners clear all their dues water connection shall be provided without any further delay.