TRUST ESTATE KHIMJI KESHAWJI & ANR versus THE KOLKATA MUNICIPAL CORPORATION & ORS.

TRUST ESTATE KHIMJI KESHAWJI & ANR versus THE KOLKATA MUNICIPAL CORPORATION & ORS.

The impugned notices were quashed because they were non-speaking and vague, KMC had admitted there was no supply of unfiltered water in the locality so Section 272(4) permitted use of wholesome water for non-domestic purposes (thus negating a contravention of Sections 238 and 271), and KMC erred in issuing the notice only to the owner while the occupiers (holders of trade licences and primarily liable for water charges) were not first proceeded against.

Parties
Appellants: Trust Estate Khimji Keshawji & Anr.; Respondents: The Kolkata Municipal Corporation & Ors.
Jurisdiction
India
Judgment Date
05 July 2023
Procedural Posture
Civil Appeal No. 4230 of 2023 / Appeal From Division Bench of Calcutta High Court (judgment Dated 19.11.2019)
Outcome
Appeal allowed; impugned notices quashed; High Court and Single Judge orders set aside.
Legal Topics
Validity of Statutory Notice, Interpretation of Non Obstante Clause, Liability of Occupier Vs Owner for Water Charges, Effect of Trade Licences on Statutory Prohibitions
Municipal Law Water Supply Regulation Administrative Law Validity of Statutory Notice Interpretation of Non Obstante Clause Liability of Occupier Vs Owner for Water Charges Effect of Trade Licences on Statutory Prohibitions

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Parties

Trust Estate Khimji Keshawji & Anr.

Appellants

The Kolkata Municipal Corporation & Ors.

Respondents

Procedural Posture

Civil Appeal No. 4230 of 2023 / Appeal From Division Bench of Calcutta High Court (judgment Dated 19.11.2019)

Legal Issues

  1. 1 Whether the notice dated 22.08.2008 issued under Sections 238 and 271 of the Kolkata Municipal Corporation Act, 1980 was valid
  2. 2 Whether Section 272(4) permits use of wholesome (filtered) water for non-domestic purposes where unfiltered water is not available and thus overrides Sections 238 and 271
  3. 3 Whether notice should have been addressed to occupiers (who held trade licences) before proceeding against the owner

Ratio Decidendi

The impugned notices were quashed because they were non-speaking and vague, KMC had admitted there was no supply of unfiltered water in the locality so Section 272(4) permitted use of wholesome water for non-domestic purposes (thus negating a contravention of Sections 238 and 271), and KMC erred in issuing the notice only to the owner while the occupiers (holders of trade licences and primarily liable for water charges) were not first proceeded against.

Court Disposition

Appeal allowed; impugned notices quashed; High Court and Single Judge orders set aside.

Orders

  • Impugned judgment and orders passed by the Division Bench of the Calcutta High Court and the learned Single Judge are set aside
  • Writ petition allowed