MOHTA,J. - (1.) TWO broad classifications of consumers - domestic and non -domestic - were made by the Corporation for the City of Nagpur for charging different rates for water supplied by meter. Legality of this is questioned in this petition by a registered society of hotel owners and a proprietor of a lodge in the city.
(2.) IN exercise of the powers conferred by Sub -section (1) of Section 418 of the City of Nagpur Corporation Act, WS ('The Act' for short), the State Government confirmed the City of Nagpur Corporation Assessment and Collection of Water Rates Bye -laws, 1966, made by the Administrator. Bye -law No. 6(a) provides for charging according to the quantity of water consumed and registered by meter. Sub Clause (b) provides for charging on the basis of annual value of the building or land till meter is not fixed and till such time as may be granted by the Commissioner to fix the same. Sub -clause (c) refers to the general water rate imposed on those buildings or lands which do not receive water supplied from the Corporation Water Works on the basis of their annual value. Clause (9) refers various charges for 'water supplied and sold by meters' by the Corporation. Certain slabwise rates are fixed under this bye -law without making any differentiation either based on the nature of the consumption or the category of consumer. Bye -law No. 9 reads as under: 9. Water supplied and sold by meters shall he charged per month at the rate of Re. 1/ - for first 8000 liters and then at 25 paise for every 1000 liters or a part thereof upto next 40000 liters and then 30 paise for every 1000 litres or a part thereof during the month provided further that the minimum monthly charge shall be Re. 1/ -. The total monthly charge under the bill will be in addition to the meter rent agreed to be paid by the consumers. These Bye -laws were amended by the City of Nagpur Corporation Assessment and Collection of Water Rates (Second Amendment) Bye -laws, 1976, and brought in force from October 5, 1976. To Bye -law No. 9 the following paragraphs were added: Water supplied for Industries, Constructions, Shops, Gardens, Cold Storages, Swimming Pools, Factories and all other Commercial Establishments shall be charged as under:Per month - 1st 5,000 Liters - Rs. 4.00, Next 30,000 Liters - Re. 1/ - per 1000 Liters, And 30,001 Liters and above - Rs 1.50 per 1000 liters. Minimum charges per month Rs. 10.00. Total monthly charges under the bill, will be in addition to the meter rent agreed to be paid by the Consumers.
(3.) THUS , the net result, is that from that date certain categories of consumers which can be broadly classified as non -domestic consumers have been charged at higher rate for consumption of water supplied by meter.;