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2019 Supreme(SC) 133
SUPREME COURT OF INDIA
Dhananjaya Y. Chandrachud, Hemant Gupta, JJ.
The Municipal Corporation, Faridabad – Appellant
Versus
Modern School, Faridabad & Ors. – Respondents
Civil Appeal No. 1555, 1556 of 2019 (Arising out of S.L.P (C) No. 20191, 20193 of 2016)
Decided On : 08-02-2019
For the Appellant :Mr. B.K. Satija, Mr. Sanjay Kumar Visen, Advocates
For the Respondent:Mr. H.L. Tiku, Sr. Advocate Ms. Yashmeet Kaur, Advocate Mr. Ashok K. Mahajan, Advocate, Mr. Mohan Bhadana, Advocate Mrs. Priya Puri, Advocate, Mr. Ranjay Dubey, Advocate, Ms. Vineeta Meghrajani, Advocate Mr. Ankush Dewan, Advocate
IMPORTANT POINT
Corporation is well within its right to claim user charges for use of Municipal drains for discharge of waste water from tubewells installed by Schools.
Headnote:Haryana Municipal Corporation Act, 1994 – Section 87 – Levy of user charges – High Court has misdirected itself when it held that user charges claimed by Corporation for discharge of waste water into sewer lines of Municipal Corporation is a fee within meaning of Section 88 of Act – Water extracted by tubewells installed by Schools is discharged into Municipal drains – Corporation is justified to levy user charges whereby, waste water of Schools is carried by Municipal drains – Though, Schools could not discharge waste water into Municipal drains without prior permission but instead of stopping communication of private drain with Municipal drain, Corporation has demanded user charges which is not a tax or fee as contemplated under Section 87 or 88 of Act but user charges for using Municipal services for discharge of waste water extracted by Schools from tubewells installed by them – Corporation was well within its right to claim user charges for use of Municipal drains for discharge of waste water from tubewells installed by Schools – Order passed by Division Bench of High Court and Order of Single Judge set aside and Writ Petitions dismissed. (Paras 19, 20, 21, 24 and 25)
Facts of Case:
Respondents were allotted land for the purpose of School by Haryana Urban Development Authority, Faridabad on leasehold basis. Municipal Corporation issued an office order on 14.06.1999 for regularisation of tubewells causing unauthorized activities of discharging of waste water into main sewer of Corporation. Another notice was served upon Schools on 23.10.2000 communicating that Schools are discharging water into property vested in Municipal Corporation, therefore, Schools have to pay user charges for operation of tubewell installed privately.
Findings of Court:
Documents on record leave no manner of doubt that Corporation has not levied any tax or fee falling within scope of Section 87 or 88 of Act. Corporation has claimed user charges for permitting Schools to discharge waste water into Municipal drains which are related to capacity to extract ground water. We do not find that such demand contravenes any of provisions of Act. Therefore, Corporation was well within its right to claim user charges for use of Municipal drains for discharge of waste water from tubewells installed by Schools.
Result : Appeals allowed.
JUDGMENT :
Hemant Gupta, J.
Leave granted.
2. The present appeals are directed against an order passed by the Division Bench of High Court of Punjab & Haryana on 21.12.2015 whereby intra-court appeals against common order dated 19.02.2015 passed by the learned Single Judge in the two writ petitions filed by the respondents were dismissed.
3. The respondents were allotted the land for the purpose of the School by the Haryana Urban Development Authority, Faridabad on leasehold basis. The allotment letter issued to DAV College Managing Committee dated 02.05.1986 has been filed as an additional document before this court.
4. The Municipal Corporation issued an office order on 14.06.1999 for regularisation of tubewells causing unauthorized activities of discharging of the waste water into the main sewer of the Corporation. It was decided that all private tubewell owners who have installed tubewells within the area of Municipal Corporation shall use water for domestic or industrial purposes and that water shall not be sold or used for commercial purposes. The charges were decided to be levied as per the diameter of tubewells and that such tubewells have to be registered with the Central Ground Water Board Authority.
5. In terms of such office order, notice was served upon the Schools - writ petitioners before the High Court on 05.05.2000 to the effect that tubewell has been installed without prior approval of the Municipal Corporation, therefore, information was sought in the prescribed format failing which tubewell connection was to be disconnected. In response to such notice, M/s Modern School communicated as under:-
"1. That this educational institution has installed tubewell of 2" dia for the school and hostel students and agriculture purpose which is a subject of +2 stage education, in the year 1999.
2. That this tubewell is installed to fulfil the required demand of the school as the supply of the corporation is irregular and insufficient to meet out the requirement of the school. However, we have already registered this connection with the Central Ground Water Board (copy enclosed).
3. In the year 1999 we got a water and sewer connection sanctioned in the name of the school by your department after completion of the building."
6. Another notice was served upon the Schools on 23.10.2000 communicating that the Schools are discharging water into property vested in the Municipal Corporation, therefore, the Schools have to pay user charges for the operation of the tubewell installed privately. The notice is as under :-
"You have installed a tubewell of 2" dia within your premises. You are using the water and discharging it into property vested in the Municipal Corporation. The House of this corporation has approved the levy of user charges/composition fees for the operation of the tubewell installed privately at the rate of Rs. 3016/- per month.
You are therefore, directed to deposit a sum of Rs. 66352/- as user charges for the period from January, 1999 to 10/2000 within 15 days from the date of issue of this notice, failing which necessary action as per law would be taken.
You are also directed to produce the copy of registration certificate duly attested, issued by the officer appointed by the Central Ground Water Board for the installation and operation of the private tubewell within the limit of Municipal Corporation, Faridabad."
7. In the writ petitions filed, the challenge is to an office order issued by the Municipal Corporation on 14.6.1999, inter-alia, on the ground that the Schools have been granted the sewerage and water connections but the water facility is provided through a pipeline of the diameter of half an inch. With the growing number of school activities and for the purpose of proper maintenance of greenery and lawns, and on account of failure of the Municipal Corporation to provide more water, it has installed tubewells after obtaining registration from the Central Ground Water Authority under Section 3(3) of the Environment
