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1987 Supreme(Bom) 293

S.P.BHARUCHA, T.D.SUGLA
Nagpal Printing Mills & another – Appellant
Versus
Municipal Corporation of Greater Bombay & another – Respondent


JUDGMENT - BHARUCHA S.P., J.:-These four appeals may be disposed of by a common judgment because they raise the identical questions.

2. We narrate the facts of only the first appeal. The appellants therein are doing the business of dyeing and printing at Industrial Estate, Kandivli, Bombay. They had originally an ½ inch water connection. In 1971 they applied to the Municipal Corporation of Greater Bombay (the first respondent) for a larger connection. In June 1975 they were given 1½ inch connection. It is the case of Corporation that, on 24th September 1975, it fixed a water quota for the appellants in the figure of 27,18,000 litres per month. This is disputed by the appellants, but we shall proceed upon the basis that this quota was fixed.

3. Water Charges Rules effective from 1st April, 1976 came into force and we are concerned with the vires of Rule III(d)(i) thereof. This Rule provide, “In case of industries for which a quota of water has been fixed, if the recorded or computed consumption falls short of 9/10th of the quota of water for any month, a consumption equal of 9/10 of the quota of water shall be charged”.

4. Up to June 1977 water charge bills were sent to the appellants

















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