Supreme Court of India · 1988-03-17
MUNICIPAL CORPORATION OF GREATER BOMBAY vs NAGPAL PRINTING MILLS & ANR.
- Citation / case number
- SC 1987/70983
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPORATION OF GREATER BOMBAY
- Respondent
- NAGPAL PRINTING MILLS & ANR.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's decision that Rule III(d)(i) of the Water Charges and Sewerage and Waste Removal Rules, 1976, is ultra vires the Bombay Municipal Corporation Act, 1888, specifically Section 169, as it lacks a methodology for measuring actual water supplied. The Court emphasized that charges can only be levied for water that has been actually supplied and consumed, and any estimation must follow sound guidelines to avoid arbitrariness. Consequently, the rule was struck down as beyond the powers of the Corporation.