Case Note & Summary
The petitioners, Dhunjibhoy Ice Factory Pvt. Ltd. and its Managing Director, filed a writ petition under Article 226 of the Constitution of India challenging a letter dated 9-2-2000 issued by the Assistant Engineer, Water Works, Municipal Corporation of Greater Mumbai. The letter informed the petitioners that their ice factory at Mazgaon was located in a non-conforming zone as per the Water Charges Rules (Revised) w.e.f. 1-4-1996, and therefore they were liable to pay water charges at Rs.44 per 1000 litres. The petitioners sought a direction to the respondents not to recover water tax and water benefit tax on the basis of the said letter and to cancel the letter. The petitioners' factory was situated in a residential/commercial zone in the Development Plan of Greater Mumbai, but the industrial use was non-conforming. The petitioners had been paying property tax under Section 140 of the Mumbai Municipal Corporation Act, 1888, which included water tax and water benefit tax. After the letter, bills were issued for January, February, and March 2000, charging Rs.22 per 1000 litres for one meter and Rs.15 per 1000 litres for other meters. The petitioners objected to the bills, but the Corporation maintained the higher rate for non-conforming zones. The court considered the issue of whether the Corporation could levy higher water charges for industries in non-conforming zones. The court held that the Corporation was entitled to do so under the Water Charges Rules (Revised) w.e.f. 1-4-1996. The petition was dismissed, and the rule was discharged. No order as to costs.
Headnote
A) Municipal Law - Water Charges - Non-Conforming Zone - Section 140 of Mumbai Municipal Corporation Act, 1888 - Water Charges Rules (Revised) w.e.f. 1-4-1996 - The petitioner's ice factory was located in a residential/commercial zone but was a non-conforming industrial use. The Corporation issued a letter dated 9-2-2000 demanding water charges at Rs.44 per 1000 litres for non-conforming zones. The court held that the Corporation was entitled to levy higher water charges for industries in non-conforming zones as per the revised rules, and the petition was dismissed. (Paras 1-3)
Issue of Consideration
Whether the Municipal Corporation can levy water charges at a higher rate for an industry located in a non-conforming zone under the Water Charges Rules (Revised) w.e.f. 1-4-1996.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Water charges for non-conforming industrial zones
- Mumbai Municipal Corporation Act 1888 Section 140
- Water Charges Rules (Revised) 1996
- Article 226 of Constitution of India
