MUNICIPAL COMMITTEE, LUDHIANA Vs. BHAGAT RAM

JUDGEMENT

(1.) The appellant Municipal Committee of Ludhiana has brought this appeal to get a decision of this Court as to the vires of bye law No. 14 of the Water Works bye-laws which were made by the Municipal Committee on the 17th March, 1946.

(2.) Upto the 30th June, 1947 the plaintiff had paid up all amounts due to the Municipal Committee on account of water charges. From the 1st July it is stated he fell in arrears and as his connection was not a metered one a flat rate was being charged from him and because the payment to be made by him had fallen into arrears the Municipality claimed the water charge which is Rs. 15/- plus Rs. 7/8/- penalty for non-payment of charges and Rs. 8/- for reconnection charges. Now, it is admitted before me that the water was n ever disconnected and consequently there could be no reconnection charges, and Mr. Faqir Chand Mital has rightly conceded that this amount could not be charged from the plaintiff and he has given up the claim of the Municipal Committee in regard to this sum. The dispute still remains as to Rs. 7/8/.

(3.) Rule 9(ii) provides for the charge for unmetered connection. Rule 14 deals with the method of collection and as to what is to happen if the water charge is not paid by a consumer, and it reads as follows :-