G.P. Mathur, J. - (1.) Both the above writ petitions have been filed challenging the notice dated 20th March, 1982 which is a composite notice of demand towards excess water charges in respect of Elgin Mills No. 1 and Elgin Mill No. 2, issued by the General Manager. Jal Sansthan, Kanpur and as such, they are being disposed of by a common order. Writ Petition No. 3610 of 1982 shall be treated as the leading case.
(2.) The case of the petitioner in W. P. No. 3610 of 1982 which has been filed by M/s. Elgin Mills Co. Ltd. (Mill No. 2). in brief, is that initially Municipal Board. Kanpur used to supply water to it which was later on declared as Nagar Mahapalika. After the enactment of U. P. Water Supply and Sewarage Act, 1975 (hereinafter referred to as the Act), a Jal Sansthan was constituted under Section 18 for the local area of Kanpur Nagar Mahapalika and the Sansthan was given independent charge of supplying water. The petitioner is supplied water for industrial purposes by the Sansthan through two separate supply lines which are recorded by Meter No. CWN-2 and Meter No. 6i0329. It is alleged that meters were defective and meter No. CWW-2 was replaced in November, 1980 but even This meter did not record correct reading. The petitioner had sent a letter to respondent no. 1 in June, 1980 pointing out that the demand of excess charges was not correct. Respondent No. 1 sent bills Nos. 7, 8, 9 and 10 dated February 7, 1981 with regard to excess water supplied through connection having meter No. CWW-2 in which an amount of Rs. 48,511-50 was mentioned as "old dues". Similarly bills No. 11 and 12 of the same date were sent with regard to excess water charges for the connection having meter No. 610329 in which an amount of Rs. 47,527-50 was sanctioned as "old dues". The payment of all these bills was to be made by February 21, 1981. After receipt of these bills, the petitioner pointed out to respondent No. 1 that the same were wrong and incorrect. However, on March 20, 1982, a notice of demand was sent by respondent No. 1 asking the petitioner to deposit Rs. 4,40,184.60 towards excess water charges in respect of Elgin Mill No. 2 and it was further mentioned that in case, the payment was not made by March 23, 1982, water supply will be disconnected. The case of the petitioner further is that a cheque for Rs. 2,00,000/- was thereafter given to respondent No. 1 and the petitioner has thus paid an excess amount. The prayer made in this writ petition, is that demand notice dated March 20, 1982 be quashed and a writ of mandamus be issued to respondent No. 1 to correct the bills, replace the defective meter and not to make demand for the period of Lock out i.e. September, 1980.
(3.) A counter-affidavit has been filed on behalf of Jal Sansthan, Kanpur and its case, in brief, is that the petitioner is in arrears of water and sewarage tax which was payable upto 31-3-1981 to Nagpur Mahapalika, Kanpur and also w.e.f 3-4-1981 till date to the Jal Sansthan. A sum of Rs. 38,803.00 as arrears of water tax upto 31-3-1981 and a further sum of Rs. 50,365.00 was due from the petitioner to Nagar Mahapalika, Kanpur. In addition, the petitioner was liable to pay an amount of Rs. 71,438.56 towards water and sewarage tax for the year 1981-82 and a sum of Rs. 3,44,49.05 towards excess water charges to the Jal Sansthan. The case of the respondents further is that bill for excess water charges from the supply line which had a defective meter was prepared on the basis of average consumption of the last several years the petitioner and the quantity of water for which the bill had been sent, has not been increased from the past consumption which was recorded by the meter, when the same was in working condition. Regarding the month of September, 1980, the plea of the respondents is that the petitioner did not furnish any material in support of its claim that the factory had remained closed or there was a lock out in the said period and as such, there was no material to substantiate the petitioner's claim. In paras 18 and 19 of the counter-affidavit, it is asserted that payment of the cheque of Rs. 2,00,006/- issued by the petitioner was got stopped by it and as such the Jal Sansthan has not received any amount. The case of respondent further is that the bills issued by it were perfectly correct and in accordance with law and they did not suffer from any illegality.;