Judgment

S. Rajendra Babu, J.-

C.A. 1179/ 94 & SLPs (C) Nos. 15507/87, 853/88 and 14587/87

In SLPs leave granted.

2. In this batch of cases, the appellant is Municipal Corporation of Greater Bombay, which has made provisions for Water Charges by framing appropriate Rules and Bye-laws pursuant to Section 141 and Section 169 of the Bombay Municipal Corporation Act, 1888. The scope of these provisions was considered in Municipal Corporation of Greater Bombay v. Nagpal Printing Mills & Anr.1, by this Court and the view of the Bombay High Court that Rule III(d)(i) to be invalid and beyond the rule making power of Corporation was upheld. It was made clear by this Court in the said decision that the said provisions of the Act would empower the Corporation to levy charge only in respect of water that has in fact been supplied to and consumed by the consumer and it is to be levied on the basis of measurement or estimated measurement. It is also noticed that an estimated amount could be fixed on the basis of sound guidelines and the power given to the Commissioner to fix a quota has no guidelines. On the basis of this decision, the High Court disposed of several matters. Challenging the correctn