A.M. Khanwilkar, J. - (1.) This appeal takes exception to the judgment and order dated 21st November, 2006 of the High Court of Judicature at Bombay in Writ Petition No.1206 of 1999, whereby the bills/demand raised by appellant including towards water benefit tax and the Warrant of Attachment in respect of the stated premises belonging to the respondents came to be quashed and set aside being illegal.
(2.) The appellant is a corporate body constituted under the provisions of the Mumbai Municipal Corporation Act, 1888 (for short, "1888 Act" or "the Act") and respondent No.1 is a sole proprietor in the business, which was carried on by him in the name and style of Volga Frozen Foods and Ice Cream Company, hereinafter referred to as the "said firm". The stated business was located at Volga House, 1-C, K.K. Marg, Mahalaxmi, Bombay-400034, hereinafter referred to as the "said premises". The respondent No.2 is the landlord of respondent No.1 in respect of the said premises. The respondent No.3 is the tenant of respondent No.2 in respect of the remainder area of the said building other than the area in possession of respondent No.1. The respondent No.1's firm required 10 lakh gallons of water for its frozen food and ice cream business, which was being supplied by the appellant (under the fixed quota of 10 lakh gallons of water) till October, 1983. On 29th October, 1983, an illegal strike call was given by the workmen in the factory of respondent No.1, due to which the production work in the factory was suspended by the management. Therefore, the respondent No.1 wrote to the appellant on 2nd February, 1987 and 15th October, 1987, requesting to discontinue the water quota allotted and then charge them on actual consumption basis, as they did not require the large quantity of water any more due to shut down of the production. Besides, a new water meter came to be installed on 15th October, 1987. Later on, the appellant informed respondent No.1 vide letter dated 27th January, 1992, that his water connection will be cut off as requested by the company. That was finally done on 25th October, 1993. Since then, respondent No.1 is dependent on water supply by private water tankers.
(3.) Accordingly, respondent No.1 wrote to the appellant vide letter dated 10th December, 1993 that since the water connection to the premises has been disrupted/cut off by the Water Department and he having paid all the dues until then amounting to Rs.46,794/- (Rupees Forty Six Thousand Seven Hundred Ninety Four Only), the appellant ought to install a new water meter. Upon receipt of this communication, the appellant demanded a deposit of Rs.72,000/- (Rupees Seventy Two Thousand Only) for processing the request for a new water meter. However, respondent No.1 did not pay the said amount on the ground of financial crisis because of closure of the factory. The respondent No.1 in turn requested the appellant to accept the deposit amount in installments of Rs.5,000/- (Rupees Five Thousand Only), which request was declined by the appellant. Therefore, there was no water connection/meter in the premises of respondent No.1 since 25th October, 1993.;