Advocates:
['M/S SAROJ KU DAS', 'S PANDA', 'L JENA', '', 'M K DAS', 'S P MISHRA', 'A MOHANTY', 'DEVASHIS PANDA', 'AGA', '', 'M/S PRASANNA KU BHUYAN', 'S MISHRA']

W.P.(C) No.5243 of 2005

Page 1 of 20

IN THE HIGH COURT OF ORISSA AT CUTTACK

WRIT PETITION (CIVIL) No.5243 of 2005

(An application under Article 226 of the Constitution of India)

Smt. Pravabati Mohanty

….

Petitioner

-versus-

State of Odisha and Others

….

Opposite Parties

Appeared in this case by Video Conferencing mode:

For Petitioner

:

Mr. Devashis Panda, Advocate

For Opposite Parties

:

Mr. M.S. Sahoo

Addl. Government Advocate

CORAM:

THE CHIEF JUSTICE

JUSTICE B.P.ROUTRAY

JUDGMENT

07.09.2021

Dr. S. Muralidhar, CJ

1. This writ petition filed on 15^th 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 1^st 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

W.P.(C) No.5243 of 2005

Page 2 of 20

1980 Rules’) were notified. The challenge is also to the resolution

dated 16^th August, 1996 of the H & UD Department amending the

1980 Rules thereby revising the drinking water tariff provided

thereunder. A corrigendum dated 28^th 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 3^rd 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 20^th August, 2021 onwards. The fifth

document to be challenged is a resolution dated 30^th June, 2005 of

the H & UD Department further revising the water tariff. The next

document to be challenged are a bill raised on the Petitioner in the

sum of Rs.768/- for the yearly water charges from April, 2005 to

March, 2006 (Annexure 9).

3. Two receipts dated 11^th November, 2005 and 13^th February,

2006 (Annexure 9-A) evidencing payment of water charges from

April to September, 2005 and October, 2005 to March, 2006

respectively in the sum of Rs.384/- each have also been asked to

be quashed. A further prayer is for a direction to the Opposite

Parties to refund to the Petitioner the total water charges of

Rs.5688/- for the period from 1983-84 till 2004-05 with interest

W.P.(C) No.5243 of 2005

Page 3 of 20

and for the sum of Rs.768/- for the period from 1^st April, 2005 to

31^st March 2006 with interest.

4. It must be mentioned at the outset that the quashing of

Annexure-9 and 9A as well as the prayer for refund of the water

charges was made by an application Misc. Case No.2796 of 2006

dated 2^nd March, 2006 seeking amendments to the writ petition,

which was allowed by this Court by an order dated 8^th May, 2006.

5. At one stage, the petition was dismissed for non-prosecution on

8^th December, 2006. However, it was subsequently restored and

thereafter listed on some dates in 2008. It was listed sporadically

thereafter till 4^th March, 2013. The matter then was listed after

four years on a few dates. On 27^th March, 2019 a direction was

issued to the Additional Government Advocate (AGA) to place on

record the rate of water tax and its maximum limit as referred to

in Section 131-A (5) of the Odisha Municipal Act, 1950 (OM

Act) as well as the schedule of the rates of water tax.

6. Meanwhile, the original writ petitioner Mr. Madan Mohan

Mohanty expired. By an order dated 15^th November, 2019 he was

substituted by his wife Smt. Pravabati Mohanty.

Counter affidavits and rejoinders

7. There have been numerous counter affidavits and