MUNICIPAL CORPORATION OF GREATER BOMBAY versus NAGPAL PRINTING MILLS & ANR.

Rule III(d)(i) is beyond the powers of the Corporation, as Section 169 only empowers charges for water actually supplied and consumed, and the rule contains no methodology for measuring actual supply.

Parties: Petitioner: Municipal Corporation of Greater Bombay; Respondent: Nagpal Printing Mills; Respondent: Nagpal Printing Mills & Anr.
Jurisdiction: India
Judgment Date: 17 March 1988
Procedural Posture: Special Leave Petition (civil) / Supreme Court Dismissal of SLP Against Division Bench Judgment of Bombay High Court
Outcome: Petition dismissed
Legal Topics: Rule Making Powers, Water Charges, Ultra Vires, Measurement of Supplied Water, Supply and Consumption

Municipal Law Administrative Law Constitutional Law Rule Making Powers Water Charges Ultra Vires Measurement of Supplied Water Supply and Consumption

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Municipal Corporation of Greater Bombay

Petitioner

Nagpal Printing Mills

Respondent

Nagpal Printing Mills & Anr.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Dismissal of SLP Against Division Bench Judgment of Bombay High Court

Legal Issues

1 Whether Rule III(d)(i) of Greater Bombay's Water Charges and Sewerage & Waste Removal Rules, 1976, is ultra vires the rule-making power conferred by Section 169 of the Bombay Municipal Corporation Act, 1888
2 Whether the Corporation can levy charges based on water quota irrespective of actual supply and consumption

Ratio Decidendi

Court Disposition

Petition dismissed

Orders

Rule III(d)(i) of Water Charges and Sewerage & Waste Removal Rules, 1976, struck down as ultra vires
Special Leave Petition against Bombay High Court judgment dismissed