P G TEXTILE MILLS LIMITED Vs. VADODARA MUNICIPAL CORPORATION

JUDGEMENT

(1.) P G Textile Mills Ltd. a company is the petitioner. It runs a textile mill at Baroda. The company had been discharging trade effluents in the drains maintained by Baroda Municipal Corporation and was paying the Corporation a certain amount fixed in pursuance of the bye laws made under the Gujarat Municipalities Act 1963 On 13th December 1978 Baroda Municipal Corporation passed Resolution enhancing the surcharge payable by the petitioner on the discharge of its trade affluents in the municipal drains. It is the petitioners case that the payments charged by the Corporation under different heads connected with the discharge of its trade effluents in the municipal drains have in some cases been doubled and in some other cases they have been more than doubled.

(2.) It is this increase in the surcharge effected by Baroda Municipal Corporation by its Resolution dated 13th December 1978 which is challenged in this petition.

(3.) Mr. Nanavaty who appears on behalf of the petitioner has raised before us the following contentions:-