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1992 Supreme(Bom) 526

A.C.AGARWAL
Hindustan Spinning and Weaving Mills Ltd. – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---The petitioner carries on business of manufacturing and processing textile goods. It has two textile units, one at Jacob Circle and another at Gokhale Road. The said units have been supplied water by the respondent through separate water connections. Since the supply of water was initially measured by means of water meters the charges for the water supply was on the basis of actual meter readings.

2. The respondent, in pursuance of the powers vested in it under section 461(b) of the Bombay Municipal Corporation Act (hereinafter, for the sake of brevity, referred to as "the Act"), framed bye-laws for the regulation, supply and use of water which, inter alia, contained provisions for the fixation of quota of water to be supplied. In pursuance of bye-law 34-A maximum quota of water to be supplied to the petitioner was fixed by the respondent from time to time. The said bye-law 34-A enjoins that no consumer to whom an order made under bye-law 34-A applies shall consume water in excess of the maximum quantity permissible under the said bye-law. Bye-law 34-C in so far as is relevant, prescribes as under :

"If any person contravens any of the provisions of



















































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