- (1.) THE writ petitioner Mahila Griha Udyog Lijjat Papad a society registered under the Societies Registration Act has filed this petition challenging the supplementary demands raised by the Bombay Municipal Corporation (BMC) on account of water charges and notice dated 9-2-1987 (Exhibit--B) by which the petitioner was asked to pay the amount failing which it was stated that the water connection would be disconnected as per provisions of section 279 of the Bombay Municipal Corporation Act without any further intimation.
(2.) THE petitioner society is approved by the Khadi and Village Industries Commission as it had undertaken the Khadi and Village Industries programme approved by the Khadi and Village Industries Commission, Bombay. The petitioner society is a member of one Kandivali Praful Co-operative Housing society Ltd. (Housing Society) wherein it owns two flats. Sometime in the year 1976 there was a dispute between the housing society and the petitioner society in regard to the user of the two flats. According to the housing society the petitioner was not using the flats for residential purposes. The user was alleged to be commercial. A complaint was made by the housing society to the BMC in this regard. The BMC on the complaint of the housing society informed the petitioner that they were liable to pay water charges applicable to commercial establishments. The petitioner in reply wrote to the BMC that it has been paying water charges to the housing society at the rates applicable for use for residential purposes and if it were to pay for the water used by it at the rates applicable for commercial purpose it can be asked only to pay the difference. Thereafter it appears correspondence ensued between the petitioner society and the BMC which need not be gone into. The petitioner was also paying charges to the Corporation.
(3.) ON 24-1-1987 the Assistant Engineer, R South, Water Works of the BMC wrote a letter to the petitioner society whereby it was informed that the petitioner was liable to pay for 14% of the total domestic consumption of the housing society as according to the Corporation that was the estimated consumption of the petitioner. In the said letter it was also mentioned: "however, it is observed that form April 81 onwards the consumption was not bifurcated properly resulting in production of wrong bills by the Computer upto March 86. Now the records on the Computer (sic) properly updated since April 86. Hence bills are correctly produced for the period from April 86 onwards. Thus these bills are not wrong and you are requested to pay the same. As on the basis explained above, the bills already issued for April 81 to March 86 are undercharged as such necessary supplementary bills are being issued and you are therefore, requested to pay the same on receipt thereof. " The petitioner society replied to the aforesaid letter by its letter dated 10th February 1987. It was mentioned that the petitioner was a society approved by the Khadi and Village Industries Commission; it was liable to pay the water charges to the housing society and not to the Corporation, that estimation of water consumption of the society as 14% of the total consumption of the housing society was without any basis and that issue of supplementary bills on the ground of computer mistake for periods from 1981 to 1986 was not justified. The letter was not considered. The petitioner was not heard nor any reply given. What followed was the final impugned notice referred to above directing the petitioner to pay the demand raised by the BMC or else face disconnection of water supply. The petitioner then approached this Court. Rule was issued and interim relief was given in terms of prayers (d) and (f ).;