THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.3916 of 2007 ORDER: The petitioners are hotels at various places in the Hyderabad Municipal Corporation. They feel aggrieved by the notices issued by the Municipal Corporation calling upon them to pay various amounts towards ‘Bulk Garbage Generators User Charges’ for the service of cleaning/lifting garbage generated in the premises of the petitioners. The petitioners challenge the said notices, on the ground that the respondents have no jurisdiction to levy such amount. It is stated that, either towards property tax, or as licence fee, the Corporation collects considerable amounts and it cannot levy separate amounts for discharge of the functions under the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). Heard learned counsel for the petitioners and learned standing counsel for the respondents. The respondents invoked provisions of Sections 480, 482, 490 and 491 of the Act, for levying the amount. In the body of the notices, it is stated that quite large quantities of solid waste is emanating from hotel establishments and that the Corporation is incurring huge expenditure to lift the same. It hardly needs any mention that the Corporation can levy any fee or amount, only by citing a specific provision of law. The Act empowers the Corporation to levy and collect amounts on different heads such as property tax, trade and lincence fee etc. Sections, which were invoked by the respondents in the impugned notices, occur in Chapter XIV, pertaining to Sanitary Provisions. Sections 480 and 482 of the Act, lay obligation on the Corporation to clean streets and to arrange for receptacles, depots and places for refuse. Section 483 castes duty upon the owners and occupiers of premises to collect and deposit dust etc. Section 490 empowers the Corporation to enter into contract with owner and occupier for removal of rubbish or filth, on payment of fee. Section 491 enables the Corporation to make special sanitary arrangement at certain places. None of these provisions confer power upon the Corporation to levy fee for lifting garbage. In Laxmi Lodge, Old Beet Bazar, Warangal v. Government of A.P.Municipal Administration Department[1], this Court dealt with the power of the Corporation under the very provisions. It was held that none of the provisions, referred to above, empower the Corporation to levy or collect amounts towards administrative charges for lifting, transporting and dumping of the waste in dump yards. The writ petition is accordingly allowed and the impugned notices are set aside. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.17.03.2011. GJ [1] 2003 (1) ALT 30