Point of Law: Service Matter- The terms and conditions of the agreement are to be followed by the parties to the agreement and any violation of the same has its consequences in the agreement itself and the writ-applicants has no role to be played in the same.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. The writ-applicants of both the writ-applications are in the business of supplying water to the various units in GIDC, Pandesara, Surat. Both are also in the business of supplying water to the residential units as well as the industrial houses.

2. The facts giving rise to the Special Civil Application No.15111 of 2014 are as under :-

2.1 The writ-applicants Nos.1 and 2 are carrying on business in the Pandesara Industrial Estate of selling and supplying water to various industrial units through bore-wells. The writ applicant No.3 represents the labour Union and they are labourers working in the units situated in the Pandesara Industrial Estate.

2.2 According to the writ-applicants, the Surat Municipal Corporation is not able to supply sufficient water to the Pandesara Industrial Estate. The industrial units are compelled to take water supplied through the tankers and private borewells. The workers are thus facing serious problem of earning their livelihood and they are compelled to live life without dignity.

2.3 The workers made representation to the writ-applicant No.3 to represent their case before this Court in view of the arbitrary policy of the Corporation that the industrial units are not permitted to purchase water from the private suppliers, and in the event the industries purchase water from the private suppliers, they would be held responsible for such conduct by imposition of fine.

2.4 The Pandesara Green Environment and Water Welfare Co.Operative Society Ltd., (hereinafter referred to as the ‘Association’ for short) and the Surat Municipal Corporation (hereinafter referred to as the ‘Corporation’ for short) entered into a Memorandum of Understanding (Agreement) (page-69) on 16.10.2012 as per Clause (12) pursuant to the resolution passed by the Corporation in its general body meeting on 30.3.2011. As per Clause (12) of the resolution dated 13.3.2011, the industrial units shall have to take water only from the Surat Municipal Corporation.

3. Being aggrieved and dissatisfied by the MoU entered into between the Corporation and the Association, the writ-applicants approached this Court by filing the Special Civil Application No.15111 of 2014, seeking the following reliefs :-

“(A) YOUR LORDSHIPS may be pleased to hold that the provisions of Rule 16 of the Gujarat Provincial Municipal Corporation Act, 1949 being ultra-vires Articles 14, 19 and 300-A of the Constitution of India and YOUR LORDSHIPS may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction directing the respondents not to take any proceedings under Rule 16 on the ground that previous permission in writing of the Commissioner is no obtained:

(B) YOUR LORDSHIPS may be pleased to quash and set aside Clause No.13 of the Agreement entered into between the Surat Municipal Corporation and the Industrial Unit holders and - the Resolution Clause 12 dated 30.3.2011 as bad and illegal and violative of Articles - 14, 19 and 300-A of the Constitution of India;

(C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing. the respondents not to operate the said Clause No.13 of the Agreement and the Resolution Clause 12 dated 30.3.2011 and compel the petitioners to take water only from the Surat Municipal Corporation and not to take water from the private suppliers of water through the water tankers etc. like the petitioner Nos.1 and 2 and in default, to levy penalty of Rs.1,000/- per tanker or any such amount be stopped;

(D) YOUR LORDSHIPS may be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction quashing and setting aside the notice dated 23.7.2014 issued by the Surat Municipal Corporation and the Surat Municipal Corporation may be restrained by an appropriate writ from enforcing any such letter to the Unit holders of Pandesara GIDC Estate;

(E) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or an