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march 1988

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.

MUNICIPAL CORPORATION OF GREATER BOMBAY vs NAGPAL PRINTING MILLS & ANR. · Niyam