Case: THE MUNICIPAL CORPORATION FARIDABAD Vs. MODERN SCHOOL FARIDABAD

dangerous petroleum.Explanation. – In this section the expression “dangerous petroleum” has the same meaning as is assigned in the Petroleum Act, 1934 (Central Act 30 of 1934).196. Application by owners and occupiers to drain into municipal drain -(1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the Municipal area may apply to the Commissioner to have his drain made to communicate with the drains and thereby to discharge foul water and surface water from those premises or that private drain:Provided that nothing in this sub-section shall entitle any person –(a) to discharge directly or indirectly into any Corporation drain-(i) any trade effluent from any trade premises, except in accordance with bye-laws made in this behalf; or(ii) any liquid or other matter the discharge of which into Corporation drains is prohibited by or under this Act or any other law; or(b) where separate Corporation drains are provided for foul water and for surface water to discharge directly or indirectly: -(i) foul water into a drain provided for surface water; or(ii) except with the permission of the Commissioner, surface water into drain provided for foul water; or(c) to have his drains made to communicate directly with a storm water overflow drain.….……….xxx xxx xxx205. Connection with water works and drains not to be made without permission.-- Without the written permission of Commissioner, no person shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 194 or any water-works, constructed or maintained by, or vested in the Corporation.”14. In terms of Section 43, one of the obligatory functions of Corporation is- construction, maintenance and cleaning of drains and drainage works and also scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted mattes. It is in exercise of such function that the Municipal Corporation has provided for the disposal of the waste water from residential, commercial and industrial areas falling within the area of Municipal Corporation into its sewer drain.15. Chapter XII of the Act relates to Water Supply, Draining and Sewage disposal. Section 177 provides for water supply to the premises. Admittedly, such water supply is being provided by the Corporation to the Schools in question. The grievance of the Schools is that such supply is not adequate to meet the demand, inter alia, on account of increase of the functions of the Schools and to maintain the lawns etc. Such water connection provided to the premises of the Schools is within the scope of Section 177 of the Act as reproduced above. In terms of Section 177(2) the Corporation can claim additional charges at the rates fixed by the Government.16. In terms of Section 193, all public drains, all drains in, alongside or under any public street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise, and all works, materials vest in the Corporation. As per Section 194, all sewage disposal works and works materials are under the control of the Commissioner who is required to maintain and repair all Municipal drains and sewage disposal works. The Commissioner is also obliged to construct as many new drains and sewage disposal works as may be necessary from time to time for effectual drainage and sewage disposal.17. Section 196 enjoins the duty on the owners and occupiers having a private drain within the Municipal area to communicate with the drains of the Municipal Corporation for the purpose of discharge of foul water and surface water from their premises or that private drain. For such discharge, sub-section (2) of Section 196 creates an obligation to give a notice of proposal to connect the private drain with the Municipal drain.18. Section 205 of the Act creates a bar on any person to make or cause to be made any connection or communication with any drain referred to in Section 194 or any water works constructed or maintained by, or vested in the Corporation.19. We find that the High Court has misdirected itself when it held that the user charges claimed by the Corporation for discharge of waste water into the sewer lines of the Municipal Corporation is a fee within the meaning of Section 88 of the Act.20. The water extracted by tubewells installed by the Schools is discharged into the Municipal drains, therefore, the Corporation is justified to levy user charges whereby, the waste water of the Schools is carried by the Municipal drains.21. Though, the Schools could not discharge waste water into Municipal drains without prior permission but instead of stopping the communication of private drain with the Municipal drain, the Corporation has demanded user charges which is not a tax or fee as contemplated under Section 87 or 88 of the Act but user charges for using the Municipal services for discharge of waste water extracted by the Schools from the tubewells installed by them.22. The fact that the Municipal Corporation has claimed user charges is made out from the office order dated 14.06.1999. In response to notice, the Schools have agreed to regularise the discharge, but, disputed the levy subsequently on the ground that such fee cannot be charged being in contravention of Sections 87 and 88 of the Act.23. The documents on record leave no manner of doubt that the Corporation has not levied any tax or fee falling within the scope of Section 87 or 88 of the Act. The Corporation has claimed the user charges for permitting the Schools to discharge waste water into the Municipal drains which are related to the capacity to extract ground water.24. We do not find that such demand contravenes any of the provisions of the Act. Therefore, the Corporation was well within its right to claim user charges for the use of Municipal drains for discharge of waste water from the tubewells installed by the Schools.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]14. In terms of Section 43, one of the obligatory functions of Corporation is- construction, maintenance and cleaning of drains and drainage works and also scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted mattes. It is in exercise of such function that the Municipal Corporation has provided for the disposal of the waste water from residential, commercial and industrial areas falling within the area of Municipal Corporation into its sewer drain.15. Chapter XII of the Act relates to Water Supply, Draining and Sewage disposal. Section 177 provides for water supply to the premises. Admittedly, such water supply is being provided by the Corporation to the Schools in question. The grievance of the Schools is that such supply is not adequate to meet the demand, inter alia, on account of increase of the functions of the Schools and to maintain the lawns etc. Such water connection provided to the premises of the Schools is within the scope of Section 177 of the Act as reproduced above. In terms of Section 177(2) the Corporation can claim additional charges at the rates fixed by the Government.16. In terms of Section 193, all public drains, all drains in, alongside or under any public street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise, and all works, materials vest in the Corporation. As per Section 194, all sewage disposal works and works materials are under the control of the Commissioner who is required to maintain and repair all Municipal drains and sewage disposal works. The Commissioner is also obliged to construct as many new drains and sewage disposal works as may be necessary from time to time for effectual drainage and sewage disposal.17. Section 196 enjoins the duty on the owners and occupiers having a private drain within the Municipal area to communicate with the drains of the Municipal Corporation for the purpose of discharge of foul water and surface water from their premises or that private drain. For such discharge, sub-section (2) of Section 196 creates an obligation to give a notice of proposal to connect the private drain with the Municipal drain.18. Section 205 of the Act creates a bar on any person to make or cause to be made any connection or communication with any drain referred to in Section 194 or any water works constructed or maintained by, or vested in the Corporation.19. We find that the High Court has misdirected itself when it held that the user charges claimed by the Corporation for discharge of waste water into the sewer lines of the Municipal Corporation is a fee within the meaning of Section 88 of the Act.20. The water extracted by tubewells installed by the Schools is discharged into the Municipal drains, therefore, the Corporation is justified to levy user charges whereby, the waste water of the Schools is carried by the Municipal drains.21. Though, the Schools could not discharge waste water into Municipal drains without prior permission but instead of stopping the communication of private drain with the Municipal drain, the Corporation has demanded user charges which is not a tax or fee as contemplated under Section 87 or 88 of the Act but user charges for using the Municipal services for discharge of waste water extracted by the Schools from the tubewells installed by them.22. The fact that the Municipal Corporation has claimed user charges is made out from the office order dated 14.06.1999. In response to notice, the Schools have agreed to regularise the discharge, but, disputed the levy subsequently on the ground that such fee cannot be charged being in contravention of Sections 87 and 88 of the Act.23. The documents on record leave no manner of doubt that the Corporation has not levied any tax or fee falling within the scope of Section 87 or 88 of the Act. The Corporation has claimed the user charges for permitting the Schools to discharge waste water into the Municipal drains which are related to the capacity to extract ground water.24. We do not find that such demand contravenes any of the provisions of the Act. Therefore, the Corporation was well within its right to claim user charges for the use of Municipal drains for discharge of waste water from the tubewells installed by the Schools.