NAGAR PALIKA NIGAM Vs. HEMANT KUMAR

JUDGEMENT

(1.) The appellants/defendants have filed this appeal against the judgment dated 21-4-2007 passed in Civil Suit No. 41-A/2007. The plaintiffs/respondents filed a suit for declaration and permanent injunction. They pleaded that they had industrial establishment - at Chhatri Bazar, Taksal Road Lashkar Gwalior in the name of Sudarshan Ice Factory and Gupta Cold Storage. Plaintiff No. 1 was residing in 1998 at A.B. Road, Bahodapur and there was a public tap at A.B. Road. All the residents have been using the public tap. When the Municipal Corporation decided to discontinue water supply to the tap, a civil suit was filed before the Civil Court 8th Civil Judge, Class II in Civil Suit No. 521-A/1998 passed a judgment and decree, dt. 30-1-2004 of declaration and permanent injunction. The appellants were restrained to discontinue water to the public tap.

(2.) The officers of the defendants/appellants came on the spot on 14-4-2005 and they tried to discontinue the water connection to the public tap. Subsequently, it was re-connected. Thereafter, a show cause notice was issued to the plaintiffs on 15-9-2005 to the effect that the plaintiffs had been taking water from the main line of the Municipal Corporation illegally since 2000 and they were using the aforesaid water commercially for their establishments Sudarshan Ice Factory and Gupta Cold Storage. Hence, they were directed to pay amount of Rs. 1,58,36,970/-. The plaintiffs pleaded that had no business at the place mentioned in the notice. They had been doing business at Chhatri Bazar, Lashkar and Taksal Road, Lashkar, Gwalior. There was no establishment of the plaintiffs at A.B. Road, Bahodapur as mentioned in the notice. The plaintiffs further pleaded that they had not taken any illegal connection of water from the public line as mentioned in the notice neither they had taken water for commercial use. The plaintiffs pleaded that a decree of declaration be granted that the notice dt. 15-9-2005 is illegal and void and a permanent injunction be issued and the defendants be restrained from taking any action against the plaintiffs.

(3.) The appellants/defendants denied the pleadings of the plaintiffs. They pleaded that some complaints were received that illegal connection had been taken from the main line at A.B. Road Bahodapur. An inquiry committee was constituted for the aforesaid purpose and the committee inspected the spot and found that Sudarshan Ice Factory and Gupta Cold Storage had been using illegally water of the Municipal Council for commercial purpose by fitting 1" 11/2" diameter pipe lines in the main pipe line. The pipes were also seized. An FIR was lodged at the Police Station. The connection of public tap was again restored. The plaintiffs are owners of Sudarshan Ice Factory and Cold Storage and Sudarshan Filling Center and they had been using illegally water of the Municipal Corporation. Hence, after calculation liability towards payment of water tax notice was issued under section 174 of the Municipal Corporation Act 1956 to the plaintiffs and they were directed to deposit the amount upto 15-9-2005.