The Chief Postmaster General and ors. Vs. Bangalore Water Supply and Sewerage Board and ors. - Court Judgment

Excerpt:
bangalore water supply and sewerage board act, 1964 - sections 84 and 88 - bangalore sewerage (amendment) regulations 1997 -regulation 2(c) - notifications issued under - fixing the schedule charges to domestic and non-domestic connections - borewell charges of rs. 185/- per month per h.p. of bore wells - demand - legality of - challenge to -held, admittedly, the bwssb has issued the impugned demand notices by invoking the sl. no. (vii) of the schedule of fixed charges. a plain reading of the said clause shows that, the bore well charges of rs. 185/- per month per h.p. of bore wells is applicable only in respect of hotels and commercial establishments. by no stretch of imagination, the petitioners herein, being central government establishments could come under the said category of hotels and commercial establishments. further held, it is pertinent to note that, the competent authority of the bwssb, without proper application of mind and without authority of law, on the basis of sl. no. (vii) of the notification dated 1st april 1997 and amended regulation (c), has claimed the sanitary charges in respect of the bore wells. the said sl. no. (vii) of the schedule of charges is amply clear that it pertains to only hotels and commercial establishments. in the case on hand, the petitioners are neither hotels nor commercial establishments and are central government establishments. the impugned demand notices cannot be sustained and the same are liable to be set aside.;writ petitions allowed in part. - sections 84 & 88 & bangalore sewerage (amendment) regulations 1997, regulation 2(c): [n.k.patil, j] notifications issued under - fixing the schedule charges to domestic and non-domestic connections - borewell charges of rs. 185/- per month per h.p. of bore wells demand - legality of challenge as to held, admittedly, the bwssb has issued the impugned demand notices by invoking the sl.no.(vii) of the schedule of fixed charges. a plain reading of the said clause shows that, the bore well charges of rs. 185/-per month per h.p. of bore wells is applicable only in respect of hotels and commercial establishments. by no stretch of imagination, the petitioners herein, being central government establishments could come under the said category of hotels and commercial establishments. further, it is pertinent to note that, the competent authority of the bwssb, without proper application of mind and without authority of law, on the basis of sl.no. (vii) of the notification dated 1st april 1997 and amended regulation (c), has claimed the sanitary charges in respect of the bore wells. the said sl.no.(vii) of the schedule of charges is amply clear that it pertains to only hotels and commercial establishments. in the case on hand, the petitioners are neither hotels nor commercial establishments and are central government establishments. the impugned demand notices cannot be sustained and the same are liable to be set aside. - aplain reading of the said clause shows that, the bore well charges of rs.ordern.k. patil, j.1. petitioners in writ petition no. 441 of 2007 have sought for calling the records from the respondents and to quash the order annexure a, dated 25th september 2006, annexure b, dated 27th november 2005 annexure c, dated 27th march 2006, annexure d, dated 30th june 2005, annexure e dated 25th march 2005 issued by the first respondent, annexure f dated 22nd november 2005 issued by the third respondent and annexure 1 notification dated 1st april 1997 issued by the first respondent.petitioner in writ petition no. 8977 of 2006 has sought for calling the records which ultimately resulted in passing order annexures a, b and d from the respondents and to quash the order annexure - a, dated 21st march 2006 in no. bwssb/aeec-w/rm/595/2005-06, annexure-b, dated 15th december 2006 passed by the second respondent and annexure-d notification dated 1st april 1997 in no. bwssb/cao[r]/ao[r]/572/97-98 issued by the first respondent.2. the petitioners herein are central government establishments. their grievance in these petitions is that, the respondent - bangalore water supply and sewerage board (hereinafter referred to as 'bwssb' for short) has given water and sanitary connection to the premises of the petitioners and they have been paying the charges towards the same since decades. when things stood thus, to the shock and surprise of the petitioners, they received the impugned demand notices, asking the petitioners to pay the sanitary charges in respect of the bore wells for the first time in the year 2005-06. immediately, these petitioners have brought it to the notice of the jurisdictional officer of the respondent - bwssb by contending that, they are not liable to pay the sanitary charges in respect of the bore wells that are installed within the premises of the petitioners. the said contention of the petitioners did not yield any result. however, based on the notification dated 1st april 1997 bearing no. b wssb/cao(r)/572/97-98, the bwssb has issued the impugned demand notices charging the sanitary charges in respect of the bore wells as per sl. no. 7 of the said notification. the said sl. no. 7 reads thus: 'in respect of hotels and commercial establishments having both water supply and sanitary connections and supplementing water supply through bore wells rs. 185/- per month per h.p. of borewells.' being aggrieved by the said demand notices issued on the ground that the same are without jurisdiction and that, petitioners are not liable to pay the same, they being central government organizations and not commercial establishments, and have been exempted from paying such service charges as demanded by bwssb, petitioners are before this court, redressing their grievances by presenting these petitions seeking appropriate reliefs as stated supra.3. i have heard learned counsel appearing for petitioners and learned standing counsel appearing for respondents - bwssb.4. after careful evaluation of the entire material available on record, it is not in dispute that, the chief accounts officer (revenue) of the bwssb has issued the notification dated 1st april 1997 bearing no. bwssb/cao/(r)/a0(r)/572/1997-98 in the light of the approval given by the board dated 27th november 1996, the government order dated 12th february 1997 and the notification dated 20th february 1997 published in the karnataka gazette dated 13th march 1997 and by exercising the power conferred under sections 84 and 88 of the bwssb act, 1964 and in accordance with the bangalore sewerage (amendment) regulation 1997 and the regulation 2(c). as per the said notification, the said authority has fixed the schedule of charges numbering from (i) to (vii), in respect of i) domestic connections ii) apartments iii) hotels having boarding and no lodging iv) hotels having both boarding and lodging and nursing homes v) non-domestic commercial establishments, shops, offices, schools and colleges, vi) industries and workshops which allow domestic sewage into board's u.g.d. lines and vii) hotels and commercial establishments having both water supply and sanitary connections and supplementing water supply through bore wells. admittedly, the bwssb has issued the impugned demand notices by invoking the sl. no. (vii) of the schedule of fixed charges. aplain reading of the said clause shows that, the bore well charges of rs. 185/- per month per h.p. of bore wells is applicable only in respect of hotels and commercial establishments. by no stretch of imagination, the petitioners herein, being central government establishments could come under the said category of hotels and commercial establishments. further it is significant to note that, during the course of submission, learned counsel appearing for bwssb placed reliance on the proposal/communication dated 17th september 1997 from the bwssb to the principal secretary to government, urban development department. on perusal of the said demi-official letter also, it could be seen that, no where in the said proposal it is mentioned that the bwssb is entitled to collect the sanitary charges from the central government establishments. without proper authority of law under the regulation, the bwssb is not entitled to claim such charges. it is pertinent to note that, the competent authority of the bwssb, without proper application of mind and without authority of law, on the basis of sl. no. (vii) of the notification dated 1st april 1997 and amended regulation (c), has claimed the sanitary charges in respect of the bore wells. the said sl. no. (vii) of the schedule of charges is amply clear that it pertains to only hotels and commercial establishments. in the case on hand, the petitioners are neither hotels nor commercial establishments and are central government establishments. therefore, the said schedule of charges at sl. no. (vii) cannot be made applicable to the petitioners herein without making suitable amendments in the relevant regulation of the bwssb. therefore, i am of the considered view that, at any stretch of imagination, the impugned demand notices/bills issued by bwssb, so far as it relates to claiming the sanitary charges in respect of the bore wells, cannot be sustained and hence, the same are liable to be set aside.5. having regard to the facts and circumstances of the case, as stated above, these writ petitions are disposed of as follows:i] the writ petitions filed by petitioners are allowed in part;ii] the impugned demand notices/bills dated 10th september 2006, 12th november 2005, 12th march 2006, 15th june 2005 and 10th march 2005 vide annexures a to e (in w.p. no. 441/2007) and the impugned communication/demand notices/bills dated 21st march 2006, 15th december 2005 and dated 5th october 2004 vide annexures a, b and c respectively (in w.p. no. 8977/2006) only in so far as it relate to claiming the sanitary charges on the bore wells, are hereby set aside;iii] the matter stands remitted back to first respondent to reconsider the matter afresh and to take appropriate decision in accordance with law, after affording reasonable opportunity to petitioners, if it is permissible or need arise.

Judgment:
ORDER

N.K. Patil, J.

1. Petitioners in Writ Petition No. 441 of 2007 have sought for calling the records from the respondents and to quash the order Annexure A, dated 25th September 2006, Annexure B, dated 27th November 2005 Annexure C, dated 27th March 2006, Annexure D, dated 30th June 2005, Annexure E dated 25th March 2005 issued by the first respondent, Annexure F dated 22nd November 2005 issued by the third respondent and Annexure 1 Notification dated 1st April 1997 issued by the first respondent.

Petitioner in Writ Petition No. 8977 of 2006 has sought for calling the records which ultimately resulted in passing order Annexures A, B and D from the respondents and to quash the order Annexure - A, dated 21st March 2006 in No. BWSSB/AEEC-W/RM/595/2005-06, Annexure-B, dated 15th December 2006 passed by the second respondent and Annexure-D Notification dated 1st April 1997 in No. BWSSB/CAO[R]/AO[R]/572/97-98 issued by the first respondent.

2. The petitioners herein are Central Government establishments. Their grievance in these petitions is that, the respondent - Bangalore Water Supply and Sewerage Board (hereinafter referred to as 'BWSSB' for short) has given water and sanitary connection to the premises of the petitioners and they have been paying the charges towards the same since decades. When things stood thus, to the shock and surprise of the petitioners, they received the impugned demand notices, asking the petitioners to pay the sanitary charges in respect of the bore wells for the first time in the year 2005-06. Immediately, these petitioners have brought it to the notice of the jurisdictional Officer of the respondent - BWSSB by contending that, they are not liable to pay the sanitary charges in respect of the bore wells that are installed within the premises of the petitioners. The said contention of the petitioners did not yield any result. However, based on the Notification dated 1st April 1997 bearing No. B WSSB/CAO(R)/572/97-98, the BWSSB has issued the impugned demand notices charging the sanitary charges in respect of the bore wells as per Sl. No. 7 of the said Notification. The said Sl. No. 7 reads thus: 'In respect of Hotels and Commercial Establishments having both water supply and sanitary connections and supplementing water supply through Bore Wells Rs. 185/- per month per H.P. of borewells.' Being aggrieved by the said demand notices issued on the ground that the same are without jurisdiction and that, petitioners are not liable to pay the same, they being Central Government Organizations and not commercial establishments, and have been exempted from paying such service charges as demanded by BWSSB, petitioners are before this Court, redressing their grievances by presenting these petitions seeking appropriate reliefs as stated supra.

3. I have heard learned Counsel appearing for petitioners and learned standing Counsel appearing for respondents - BWSSB.

4. After careful evaluation of the entire material available on record, it is not in dispute that, the Chief Accounts Officer (Revenue) of the BWSSB has issued the Notification dated 1st April 1997 bearing No. BWSSB/CAO/(R)/A0(R)/572/1997-98 in the light of the approval given by the Board dated 27th November 1996, the Government Order dated 12th February 1997 and the Notification dated 20th February 1997 published in the Karnataka Gazette dated 13th March 1997 and by exercising the power conferred under Sections 84 and 88 of the BWSSB Act, 1964 and in accordance with the Bangalore Sewerage (Amendment) Regulation 1997 and the Regulation 2(C). As per the said Notification, the said authority has fixed the schedule of charges numbering from (i) to (vii), in respect of i) domestic connections ii) apartments iii) hotels having boarding and no lodging iv) Hotels having both boarding and lodging and Nursing Homes v) Non-domestic commercial establishments, shops, offices, schools and Colleges, vi) industries and workshops which allow domestic sewage into Board's U.G.D. lines and vii) Hotels and Commercial Establishments having both water supply and sanitary connections and supplementing water supply through Bore wells. Admittedly, the BWSSB has issued the impugned demand notices by invoking the Sl. No. (vii) of the schedule of fixed charges. Aplain reading of the said clause shows that, the bore well charges of Rs. 185/- per month per H.P. of bore wells is applicable only in respect of Hotels and Commercial Establishments. By no stretch of imagination, the petitioners herein, being Central Government establishments could come under the said category of Hotels and Commercial establishments. Further it is significant to note that, during the course of submission, learned Counsel appearing for BWSSB placed reliance on the proposal/communication dated 17th September 1997 from the BWSSB to the Principal Secretary to Government, Urban Development Department. On perusal of the said demi-official letter also, it could be seen that, no where in the said proposal it is mentioned that the BWSSB is entitled to collect the sanitary charges from the Central Government establishments. Without proper authority of law under the Regulation, the BWSSB is not entitled to claim such charges. It is pertinent to note that, the competent authority of the BWSSB, without proper application of mind and without authority of law, on the basis of Sl. No. (vii) of the Notification dated 1st April 1997 and amended Regulation (C), has claimed the sanitary charges in respect of the bore wells. The said Sl. No. (vii) of the schedule of charges is amply clear that it pertains to only Hotels and Commercial Establishments. In the case on hand, the petitioners are neither hotels nor commercial establishments and are Central Government establishments. Therefore, the said schedule of charges at Sl. No. (vii) cannot be made applicable to the petitioners herein without making suitable amendments in the relevant Regulation of the BWSSB. Therefore, I am of the considered view that, at any stretch of imagination, the impugned demand notices/bills issued by BWSSB, so far as it relates to claiming the sanitary charges in respect of the bore wells, cannot be sustained and hence, the same are liable to be set aside.

5. Having regard to the facts and circumstances of the case, as stated above, these writ petitions are disposed of as follows:

I] The writ petitions filed by petitioners are allowed in part;

II] The impugned demand notices/bills dated 10th September 2006, 12th November 2005, 12th March 2006, 15th June 2005 and 10th March 2005 vide Annexures A to E (in W.P. No. 441/2007) and the impugned communication/demand notices/bills dated 21st March 2006, 15th December 2005 and dated 5th October 2004 vide Annexures A, B and C respectively (in W.P. No. 8977/2006) only in so far as it relate to claiming the sanitary charges on the bore wells, are hereby set aside;

III] The matter stands remitted back to first respondent to reconsider the matter afresh and to take appropriate decision in accordance with law, after affording reasonable opportunity to petitioners, if it is permissible or need arise.