Judgment

WANCHOO, J. : (for himself, B. P. Sinha, C.J.I., S. K. Das and K. C. Das Gupta, JJ.) This appeal on a certificate granted by the Bombay High Court arises out of a suit brought by the appellants to challenge the imposition of a rate by the respondent Municipal Corporation of Ahmedabad on vacant lands situate within the municipal limits. The rate was levied under S. 3 of the Bombay Municipal Boroughs Act No. XVIII of 1925, (hereinafter referred to as the Act) read with the explanation to S. 75 of the Act. The Municipality framed R. 350-A for rating open lands which provides that the rate on the area of open lands shall be levied at 1 per centum on the valuation based upon capital. "Valuation based upon capital" was defined in R. 243 as the capital value of lands and buildings as may be determined from time to time by the valuers of the municipality, who shall take into consideration such reliable data as the owners or the occupiers thereof may furnish either of their own accord or on being called upon to do so. The contention of the appellants was that reading the two rules together, the rate was levied at a percentage of the capital value of open lands and this the municipal