Decided on July 29,1954

BHAGAT RAM Respondents


- (1.) The appellant Municipal Committee of Ludhiana has brought this appeal to get a decision of this Court as to the vires of bye law No. 14 of the Water Works bye-laws which were made by the Municipal Committee on the 17th March, 1946.
(2.) Upto the 30th June, 1947 the plaintiff had paid up all amounts due to the Municipal Committee on account of water charges. From the 1st July it is stated he fell in arrears and as his connection was not a metered one a flat rate was being charged from him and because the payment to be made by him had fallen into arrears the Municipality claimed the water charge which is Rs. 15/- plus Rs. 7/8/- penalty for non-payment of charges and Rs. 8/- for reconnection charges. Now, it is admitted before me that the water was n ever disconnected and consequently there could be no reconnection charges, and Mr. Faqir Chand Mital has rightly conceded that this amount could not be charged from the plaintiff and he has given up the claim of the Municipal Committee in regard to this sum. The dispute still remains as to Rs. 7/8/.
(3.) Rule 9(ii) provides for the charge for unmetered connection. Rule 14 deals with the method of collection and as to what is to happen if the water charge is not paid by a consumer, and it reads as follows :- "14. (i) The bill of demand for meter rent and meter water apply shall be presented to the consumer by the Secretary of the Committee each quarter and shall be paid within fifteen days from the date of the presentation of the bill. (ii) Fee for unmetered connections for domestic purposes shall be collected throught municipal agency, to which no bill need sent. Such collections shall be made up to the 15th day of the 1st month of the first fifteen days of the said month shall as the 15 days of grace allowed in clause (i) in -- of metered connections. (iii) If any consumer fails to pay the charges of water consumed in clauses (i) and (ii) above within 15 days, he shall have to pay the additional charges at the following rates :- for metered connections annas 2 per day. for unmetered connections anna 1 per day. (iv) If in such a case the amount due including the additional charges are not paid up within one month which will be calculated from the expiry of 15 days of grace, the connection shall be discontinued. Such a connection will be restored on receipt of the said amount and charges and Rs. 2/- in addition. Explanation :- For the purposes of this bye-law bill a shall be deemed to have been duly presented if it is presented in the manner prescribed for the services of a notice in section 215 of the Punjab Municipal Act, 1911 .";

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