Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 88 196 and 205 194 193 ss.43 1994 Haryana Municipal Corporation Act 177 discharging of waste water 87 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Haryana Municipal Corporation Act, 1994 (16 of 1994) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Haryana Municipal Corporation Act, 1994: ss.43, 87, 88, 177, 193, 194, 196 and 205 – Office Order dated 14.6.1999 issued by Municipal Corporation for regularisation of tubewells causing unauthorised activities of discharging of wastewater into the main sewer of the Corporation – Corporation claimed user charges from the schools for discharging the water drawn from tubewell, into the sewer vested in the Corporation – The schools challenged the levy of user charges – High Court set aside the charges on the ground that such fee falls within ambit of s.88 and hence in absence of prior approval of State Government, such levy is not sustainable – On appeal, held: The user charges were not a tax or fee as contemplated u/ss. 87 or 88 – The water extracted by tubewells were discharged by the schools into the municipal drains– Therefore, Corporation was justified to levy user charges for the use of municipal drains for discharge of waste water from the tubewells. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 168 |
Petitioner | The Municipal Corporation, |
Respondent | Modern School, Faridabad & Ors. |
SCR | [2019] 3 S.C.R. 703 |
Judgement Date | 2019-02-08 |
Case Number | 1555 |
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