S.RANGANATHAN, SABYASACHI MUKHARJEE
Municipal Corporation Of Greater Bombay – Appellant
Versus
Nagpal Printing Mills – Respondent
Judgment
SABYASACHI MUKHARJI, J. :- This petition for leave to appeal under Art. 136 of the Constitution is directed against the Judgment and Order of the Division Bench of the High Court of Bombay, dated Sept. 16, 1987 (Reported in AIR 1988 Bom 91). The respondents were in the business of dyeing and printing at Industrial Estate, Kandevali, Bombay. They had originally an 1/2 inch water connection in their premises. In 1971 they had applied to the Municipal Corporation of Greater Bomay, for a larger water connection. In 1975 they were given an 1/2 inch connection. It appears that on 24th Sept. 1975, according to the Corporation, it fixed a water quota for the respondents in the figure of 27,18,000 litres per month. This was, however, disputed by the respondents. But the High Court proceeded upon the basis that this was the water quota fixed for them.
2. Water Charges and Sewerage and Waste Removal Rules of the Greater Bombay became effective from 1st April, 1976. These Rules were framed in exercise of the powers given by Ss. 169 and 276 of the Bombay Municipal Corporation Act, 1888 (hereinafter called the Act). Rule III(d)(i) provides as follows :-
"(d)(i) In case of industries for wh
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