ARVIND TEXTILES Vs. STATE

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution seeks, (a) for setting aside the notification dated 27-12-1989. (Annex. 4); and (b) for directing the respondents not to levy any water pollution prevention fee on the petitioner on the grey cloth brought by it within the limits of respondent Municipal Board.

(2.) The petitioner is engaged in the business of cloth. It purchases, inter alia, grey cloth from various markets situated in different parts of the country and brings them within the Municipal limits of the Municipal Board, Balotara (for short, "the Board") for the purposes of business in which it is engaged.

(3.) Vide impugned Notification dated 27-12-1989 (Annex. 4), the Rajasthan Municipalities Act, 1959 (for short, "the Act"), was amended by the State Government and Rs. 15.00 per bale as water pollution prevention fee has also been imposed in addition to octroi duty @ 0.50%. The notification dated 27-12-1989 reads as under:-