Bhaskar Bhattacharya, J. - (1.) In all these writ applications, the writ petitioners have challenged the validity of the amended provision of Sec. 275(1)(aa) of the Kolkata Municipal Corporation Act, 1980 ('Act') on the ground that the same infringes the conditions imposed by Article 14 of the Constitution of India. In view of the aforesaid fact, notices were issued upon the learned Counsel appearing on behalf of the State of West Bengal has supported the legislation. The Kolkata Municipal Corporation ('KMC') has filed affidavit thereby opposing the prayer of petitioners.
(2.) Mr. Mitra the learned Senior Counsel appearing on behalf of the petitioners in the first two matters has attacked the aforesaid provision as ultra vires the Constitution of India by pointing out that prior to its amendment, Sec. 275(1) of the Act contemplated only eleven specific contingencies in which the Municipal Commissioner was authorized to cut off connection between any water works of the Corporation and the premises to which water is supplied from such works. Mr. Mitra contends that each of the said eleven eventualities bore nexus with and pertained to the use and/or storage of Municipal water by the owner and/or occupier in a manner which contravened the provisions of the Act or the Rules and Regulations made thereunder or any function of KMC or a duty on the part of the owner or occupier in relation to Municipal Commissioner of disconnection of Municipal water supply for alleged non -payment of property tax. He further submits that an unreasonable short period of 72 hours has been prescribed for the notice of disconnection of municipal water supply. The said period, he contends, is too short and is totally unreasonable, particularly in cases where demand of alleged arrears of property tax made by KMC is under serious dispute. Mr. Mitra contends that the presence of alternative modes for recovery of arrears without any indication of any principle to guide the discretion of the executive as to the circumstances under which alternative mode is to be applied makes the more onerous procedure of disconnection of water supply void. Thus, Mr. Mitra concludes that Sec. 275(1)(aa) of the Act in so far as it purports to empower the Municipal Commissioner of KMC to disconnect water supply for non -payment of property tax suffers from vice of excessive delegation without any guidelines and is violative of Article 14 of the Constitution of India.
(3.) Mr. Mitra in this connection had taken an additional ground in support of his prayer. According to Mr. Mitra, Sec. 275(1)(aa) of the Act would be a lever in the hands of the owner of the property who is primarily liable for property tax seeking eviction of this tenant/occupier without taking recourse to the due process of law either under the West Bengal Premises Tenancy Act or the Transfer of Property Act. Thus, for non -payment of tax of land and building of which he is primarily liable, the owner would be in a position to cause disconnection of water supply through the instrumentality of the KMC and thereby to make it practically impossible for the tenant/occupier to continue in possession of the demised premises and force him to seek shelter elsewhere.;