RAGHUNATH RAI PRABHAKAR Vs. PUNJAB STATE

JUDGEMENT

(1.) Civil Writ No. 1696 of 1964 and Civil Writ No. 2107 of 1964, arise Out of common facts. This judgment will, therefore, dispose of both these writs. The facts giving rise to these writs are as follows :

(2.) On receiving that intimation, a representation by the Association on behalf of the residents of the Model Town, was sent to the Deputy Commissioner and the Minister Incharge of Public Health Department on 27th February, 1963. A reminder was also sent on 15th March, 1963. This elicited a reply, dated 25th March, 1963, from the Government, that the petitioner should make further correspondence on the matter with the Deputy Commissioner, Ambala. Thereupon, a letter, dated 3rd April, 1963, was sent to the Deputy Commissioner. Representatives of the residents also submitted a memorandum to the Deputy Commissioner on 29th April, 1963. The Deputy Commissioner sent a letter, dated 21st August, 1963, to the Association in which it was set out that the water cess had been increased to bridge up the gap between the income derived in the shape of the water cess and the expenditure incurred in the maintenance of the Scheme (including interest accrued on the loan taken from the Government of India). Thereafter, the petitioner addressed a communication, dated 18th October, 1963, to the Deputy Commissioner informing him that there was no such gap between income and expenditure, A similar communication was also addressed to the Chief Minister on 4th September, 1964. The latter advised the Association to contact the Secretary, P.W.D., B. & R. A deputation of the Association met the Secretary on 13th October, 1964, and also Shri Gurbanta Singh, Minister, on 3rd March, 1964. As advised by the Minister, a representation was submitted on 11th March, 1964. A letter from the Minister was received by the petitioners on 30th March, 1964, informing them that their representation had been forwarded to the Secretary, Public Health Branch, for urgent action, and further correspondence should be addressed to him. Despite reminders dated 27th October, 1964 and 7th November, 1964, the Secretary did not communicate any decision of the Government to the Association. Instead, a letter was received by the President of the Association from the Deputy Commissioner on the 10th November, 1964, asking him to advise the residents of the Model Town to deposit the arrears of water cess at the enhanced rate, failing which coercive measures will be set a foot for the recovery of those arrears.

(3.) The petitioner alleged that the order of the State Government enhancing the rate of fee in respect of the water supply retrospectively was illegal for the following reasons :-