Sabyasachi Mukharji, J. - (1.) This petition for leave to appeal under Art. 136 of the Constitution is directed against the Judgment and Order of the Division Bench of the High Court of Bombay, dated Sept. 16, 1987. The respondents were in the business of dyeing and printing at Industrial Estate, Kandevali, Bombay. They had originally an 1/2 inch water connection in their premises. In 1971 they had applied to the Municipal Corporation of Greater Bomay, for a larger water connection. In 1975 they were given an 1/2 inch connection. It appears that on 24th Sept. 1975, according to the Corporation, it fixed a water quota for the respondents in the figure of 27,18,000 litres per month. This was, however, disputed by the respondents. But the High Court proceeded upon the basis that this was the water quota fixed for them.
(2.) Water Charges and Sewerage and Waste Removal Rules of the Greater Bombay became effective from 1st April, 1976. These Rules were framed in exercise of the powers given by Ss. 169 and 276 of the Bombay Municipal Corporation Act, 1888 (hereinafter called 'the Act'). Rule III(d)(i) provides as follows:- "(d)(i) In case of industries for which a quota of water has been fixed, if the recorded or computed consumption falls short of 9/10th of the qouta of water for any month, a consumption equal to 9/10th of the quota of water shall be charged."
(3.) It appears, up to June, 1977 water charge bills were sent to respondents on the basis of their actual consumption. In July, 1977 the respondents received supplementary bills for the difference between the charge on the quota basis under the said rule and the actual consumption basis. This was objected to by the respondents. The respondents contended that though they had kept their taps open for the full 24 hours of the day, water was not available to make up anywhere near the quantity of the quota. The respondents asserted that the Corporation had agreed to verify this. The Corporation threatened to cut off the respondents water supply. The respondents filed a writ petition in the High Court of Bombay to restrain the Corporation from doing so.;