- (1.) BY this writ petition, the petitioners seek to challenge the validity of Rule 1 of the Water Charges Rules framed by the Bombay Municipal Corporation on the ground that it is violative of Article 14 of the Constitution of India. The real grievance of petitioners is that the rate of water charges applicable to supply of water to premises used for exclusively residential purpose being Rs. 3 per 10,000 litres, there is no justification for charging Rs. 80 per 10,000 litres for supply of water to premises used for commercial purposes. Charge of Rs. 80 per 10,000 litres of water supplied to premises used for commercial purposes, according to the petitioners, is most arbitrary, unreasonable and illegal.
(2.) WE have heard the learned Counsel for the petitioners. The Water Charges Rules of the Bombay Municipal Corporation specify the water charges rates for different groups of consumers. These rules were framed by the Standing Committee of the Bombay Municipal Corporation in exercise of the powers conferred by sections 169 and 276 of the Bombay Municipal Corporation Act, 1888. In this writ petition, we are concerned with the Water Charges Rules which came into force with effect from 5th April 1987. These Rules provide for charging for water supply to certain classes of premises by meter measurement instead of levy of water tax. Rule 1 prescribes the rates of water charges for different groups of consumers. This rule also specifically provides that if the water supplied to any premises is used for different purposes for which separate rates are chargeable under the different Clauses of Rule 1 and no separate meters are installed to measure the water used for each such purpose, the highest rate chargeable for any such purpose shall apply to the whole quantity of water supplied to such premises subject, however, to the provisions of Rule 2. 3. Rule 2. 3 provides that in the case of premises having the metered supply, if any part or parts of it are used for a purpose where the different rate or rates are chargeable and where separate meters cannot be fixed for any reason or for practical difficulties, a compounded charge worked out at the appropriate rates on the estimated quantity of water consumed pro-rata to the rent or rateable value or on the basis of estimated quantity on requirement basis, may be recovered at the discretion of the Hydraulic Engineer. Nine different rates are prescribed by Rule 1 for different categories of premises based on the use to which they are put. We are concerned here with the rate prescribed for premises used for exclusively residential purposes and the rate prescribed for commercial premises such as shops, offices, banks, etc. In the present case, admittedly, the premises in question are used both for commercial and residential purposes. It is not used exclusively for residential purposes. The rate prescribed for premises exclusively used for residential purposes under Rule 1. 1 is Rs. 3 per 10,000 litres whereas the rate prescribed for premises used for commercial purposes is Rs. 80 per 10,000 litres. There is no dispute about the fact that no separate meters have been installed to measure separately the water used for residential purposes and commercial purposes. The case of the petitioners does not fall under Rule 2. 3. That being so, in view of the provisions in Rule 1, the petitioners were asked to pay the higher of the two rates i. e. the rate applicable to the commercial premises for the whole quantity of water supplied to the petitioners.
(3.) THE grievance of the petitioners is that the different rates prescribed for different categories are arbitrary and violative of Article 14 of the Constitution of India. According to the petitioners, there is no justification of charging Rs. 80 per 10,000 litres for water supplied to premises used for commercial purposes as against Rs. 3 per 10,000 litres for water supplied to premises exclusively used for residential purposes.;