CITIZENS WELFARE COUNCIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Citizens' Welfare Council, S. A. S. Nagar (Mohali) along with 23 office bearers have filed this writ petition to challenge the orders by which the rate for the supply of water and sewerage cess have been enhanced. The petition is stated to have been filed in the nature of public interest litigation.

(2.) Shorn off unnecessary details, the grievance in a nut-shell is that the action of the respondents in imposing the sewerage cess @ Rs. 4.00 per W. C. per month with effect from Dec. 1, 1990 and its subsequent enhancement to Rs. 10,00 and the increase of water rate from 35 ps. to Re, 1.00 with effect from Dec. 1, 1990 and the subsequent enhancement vide order dated 10/03/1993 to Rs. 1.20 per kilo-litre is arbitrary and violative of the provisions of the Punjab Municipal Act, 1911. The action has been challenged on various grounds' which shall be presently noticed.

(3.) The respondents contest this claim and aver that the impugned orders had been issued after proper consideration of the matter. It was necessary to revise the rates so as to meet the expenses incurred by the respondents in providing various facilities. It has also been averred that the impugned orders have been issued by the State Government in exercise of its powers under the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act') and that the action is fair, reasonable and legal.