BALBIR SINGH Vs. MUNICIPAL CORPORATION SHIMLA

JUDGEMENT

(1.) Admitted facts giving rise to this case are that, appellant is the owner of building known as Charan Villa, situated on the Dhingoo mata Mandir Road, Sanjauli, Shimla -6. He is running Karyana shop on the 3rd floor of this building for the last 8/10 years. As per averment in the complaint which was filed on 31.3.2003, no sewerage facility had been provided to his building by the respondent Corporation and he has been highlighting this fact from time to time to the Municipal Authorities.

(2.) It is admitted case of the parties that a sum of Rs.803/ - per annum had regularly been charged from the appellant since the year 2000 to 2005. It is also admitted that the appellant had deposited sewerage tax for the year 2006, and was in fact in 2006 itself provided sewerage connection to him by the respondent.

(3.) In the aforesaid background on 31.3.2003 he filed a complaint on the ground that without providing any sewerage connection respondent is charging sewerage tax which is illegal and arbitrary, because no service is being provided for, then why this amount was charged from the appellant between the years 2000 to 2005 (both years included). Non providing of service during this period could not be disputed by Mr. Arora, learned counsel for the respondent. Though he urged that in terms of HP Govt. Notification No. LSG -D(l) -9/94, dated 29.3.2000 issued by the Department of Urban Development, his client is legally authorized to charge the sewerage tax, therefore, his client was well advised to have recovered the amount in question service or no service.