Amberson Marten, C J - (1.)The points involved here really lie in a small compass. The plaintiff was liable to the Committee of Management of the Surat Municipality for various rates including certain water charges. Under Rule 245 of the Surat Municipal Rules the Municipality was entitled to send one consolidated bill for the aggregate dues. The plaintiff refused to pay the consolidated bill. He tendered merely that part of the bill which related to water charges and to one other item. The Municipality declined to allow him to pick and choose in this way, and they next proceeded to cut off his water supply.
(2.)Now there is an express power given to the Municipality as regards the water supply. That is by-law 6 of Oh. XI which provides that "the Municipal Commissioner may, at any time, stop or cut off a private connection in any of the following events, viz., (1) in default of payment of water charges in respect of the private connection, within one month of the date of the presentation of the bill, till all arrears are paid." But there is no by-law enabling them to cut off the water supply because charges other than water charges are not paid. On the other hand the general remedy given by the Act in the event of the Municipal dues not being paid is that mentioned in Section 83, viz., a distress warrant.
(3.)The Municipality justify their action on the ground that as they were entitled to present this consolidated bill, it followed that they could cut off the water supply if it was not paid. Both Courts below held against them on this point. In our judgment the learned Judges were quite correct. The power to cut off a water supply is a very serious power, particularly in a tropical country. And where the by-laws give a specific remedy, viz., to cut off the water supply in certain limited events, in my judgment it necessarily follows that in the absence of any other provisions of the Act, or the by-laws or the Rules, the Municipality is not entitled to cut off the water supply on grounds other than those expressly mentioned and authorised.