S. MURALIDHAR, B. P. ROUTRAY
Pravabati Mohanty – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
S. Muralidhar, J
1. This writ petition filed on 15th April, 2005 by a resident of Cuttack City alleges that water charges levied and collected from the inhabitants of Cuttack City are illegal and exorbitant. The Petitioner seeks the quashing of a resolution dated 1st December, 1980 of the Housing and Urban Development Department (H & UD Department), Government of Odisha by which the "Orissa Waters Works (Urban Local Bodies) Rules, 1980 (hereafter ‘the 1980 Rules’) were notified. The challenge is also to the resolution dated 16th August, 1996 of the H & UD Department amending the 1980 Rules thereby revising the drinking water tariff provided thereunder. A corrigendum dated 28th August, 1996 to the said rules providing for an automatic increase of the water tariff @ 10% every year and for revision every five years of the structure of the tariff and for the annual rate of increase has also been challenged.
2. The fourth document to be challenged is a communication dated 3rd August, 2001 from the Executive Engineer (PH) Division clarifying to the Sub-Divisional Officer, that the water tariff will continue to be automatically increased @ 10% every year with effect from 20th Augu
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