Karnataka High Court
M/S.Sai Poorna Heights vs Bangalore Water Supply And Sewerage ... on 24 May, 2011
Equivalent citations: 2011 (4) AIR KAR R 278
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
vide Anne><ure~i< being the biii No.sE337s2:oso e':aE:edf:;'e'."2o'io issued by the second respondent to the petitioner.in'*the.,na.me ofi
M/s. Srinivas Deveiopers, Sai PoornawAparitmevntgf,'i4atiei§on'te viiiage, Somasandrapaiya, HSR Layout:;E><tension*,__B'ang_atere,_,_ f This Writ Petition coming on for 'oreiiminary.".iAheari'ng"'.in"B"g group this day, the Court made t'§1te'<foHowing : V onofing Petitioner is the Apatrtgnethrt. It has quesfioned the putée Anne%dte~iK;is$de§x5y'the Bangakwe Water Supp?)/V (for short 'BWSSB'}, <"2;G1"§,295/-- being the arrears of sewerage" 'T.he..::re$D\0ndent--Board have charged the apartmeVnt_Vowner_s per month per flat as sewerage on uth'ev....r,.).rder issued by the State Government. V'Accord--inAg»._t'opetitioners, charging of ?50/~ per month V from i'ndiviéd'dta¥..e:'fiat owners towards sewerage charges is s 'iiiegai andkiis in violation of Article 14 of the Constitution of wtmayé
2. The State Government has issued an order as per iv"A..__if:nnexure~'J' dated 27.12005 fixing the water tariff and sanitary charges for domestic and non~dornestic connections. x K"
» er' arbitrary action taken by the State, couid indeed he '§gti'b}€Ct to scrutiny by the Courts. But Courts wouid no~t~-act__'_aa .._:Va7n appeiiate authority over determination Government to fix such price as rates are fixed having regard: to thA'e D"i;'bHC aim-edges:
inter afia may inciude the""'i'ri.n.terest rem\/enue, environment, ecoiogy ar1ci"'n_eec_i"iio't:§ and the requirements of other is neither the function nor" 'Vt°i:ou"rt:.fiThe..rnechanism of price fixation is the and the Court will not generaiiyhre?e\raiuate:thie'considiewriaitions. The respondents are the e'xoerts This Court cannot act as an Appeilate Aut4'h'or:ity-for sutistituting its opinion in the matter 'of. tariff. 'ih'e"'Constitutionai Bench of the Supreme '€:odr_t in casefiof S.NARAYAN IYER ----vs- THE UNION or ;ND1/§__V(AiZ'.'~2--:1:§i?6 SC 1986) has ruled that the Courts have juri'sd__i7:tion under Article 226 to go into the jreasoniahieness of the rates. The rates are decided as poiicy "'--.rna_tter in fiscal oianning. There is iegisiative prescription of rates! Rates are the matter for iegisiative judgment and not it/"
_gu for judicial determination. Even otherwise, this.p..C;3uti'ts:4"§iees not find any iiiegaiity in fixing the rate at it ?50/-- per fiat.
5. Sri 8.MtBaiiga further. submits' entirea' buiiciirig consisting of flats shafii:_be__treatediynasene singie premises and €300/-- -charged towards sanitary charges.=_ cannot be accepted. It .the:"5uiiding is having 96 flats. sewerage. Hence, the owner of have to pay the sewerage charges in'dsepeVnden't!.Vy.»- stretch of imagination, the _ entire4_§b"uie!.ding "cannot be treated as one premises for the purpose _otAscha'a¢ging sanitary charges. V_Sri'1-.V_.'3}:.M.Baiiga, learned counsei reiies upon the Vii"«.,.,p}udgment"Lot this Court in the case of B.W.S.S.B. -vs-
"e;4MgikRIsHNA AITHAL (rue 1986 KAR. 4'88) to contend the action of the respondents is vioiative of Articie 14 of __the Constitution of India; The aforementioned decisien is totaiiy inappiicabie to the facts of this case. In the said
-§{)._ judgment, the question invoived was the simiiarity ef tariff fixed for domestic and non--domesi:ic premises! _4...Viin_:i:.hat context, it has been held that the charges same towards domestic and non-ciompestic p'r'ein--is'_esL"-. In i:he""
matter on hand, we are not c0nce4rnede..§vith._ ii.<ji*:--d"o:m.esi¥iic premisesi This Court is c:5n'cerned~._c$r:ly =vy'i'tAhu.dQnriesti<.:.V:* premises. As aforementioned, 96 flats and 96 flat owners are "theAi.f>"families. Each flat is getting water from each flat is discharging jfi'hefe'fere, each flat will have to pay individually.
In {:_iew_o1fthe."abé>v_e;---.g;j'e.tition fails and accordingly the same standsldismiseedi Safe JEZQ GE A' _11"'l~7iz;i§/nic