Jalandhar 26 August (Jaswinder Azad)- Ch. Charan Singh Nayaya Morcha Punjab has submitted memorandums to the Commerinner Sh. DipravaLakra Water and Sewerage department of the Municipal Corporation Jalandhar is issuing illegal Bill to the consumers on commerical ‘C’ Tarriff basis @ three time of commercial rates as the connections are installed at the commercial bussiness premisses/places of the consumers i.e. they are in the business of photostate, cloth, karyana (grocery) Muniyari, Iron and Hardware, Paint, Utensils, Mobile and Electronic goods, Electric goods, Watches, Shoes, Stationary Factories/Workshops, manufactouring units, Book and Stationary, Welding, Vegitables and Fruits Cyber Cafe, STD, Wheat grinding mills, gold smiths wood Arras Wholesale and Retial Medicine shop's, Catering Bussiness and such like other activities, although the water in such cases is simply used for drinking, washing hands and higenic purposes only and no water is consumed for the purpose of carrying out any commerical or industrial use at all. This be stopped and bills be corrected forth with
This act of the billing branch of w & s department of MC Jalandhar is intentional and delibrate as the department is in know how of the facts that :-
(i) the municipal corporation house in a resolation adopted on 4-11-1999 has held that in the matter of W. S connecitons installed in commercial, industrial instituaiton where the water is used simply for drinking purposes the charges be belived on ‘D’ tarrif basis only
(ii) The local govt. Punjab has vide it's notification no.
December 1999 settled the matter by separately fixing the rates of water and sewerage regarding the connecitons installed in commercial/industrial units where the water is used for commercial purposes. More over the department corrects the bills by chanigngtarrif form ‘C’ commercial to 5 domestic ‘D’ on applications moved on the ground that the water is not used for any commercial purpsoe after calling for the departmental reports of the field staff. Further, the law i.e. the test is “the user of water alone” and not the nature of the building where water & sewerage conneciton is installed stands settled in view of Judgement of Madras High Court based on the rulings of House of lords and reported in Air 1953 Madrass Page 864.
There are four domestic categories for water and sewerage bill purpose F-1 is upto 5 mareas, F-2 is farm five above to 10 marlas, F-3 is 10 marlas above to less than 1 Kanal and the forth is 1 kanal and above.
The department knowing fully well that for the purpose of W & S bills five marlas are equal to 1125 sq.ft not 1035sq.ft., 10 marlas are equal to 2250 and not 2070 and less than 20 marks means 4499 - sq.ft. 11 and inches an not 4129 sq.ft.11 inches and 20 marlas means 4500 sq.ft on not 4140 sq.ft are inssuing bills regarding five marla catagory to upto 10 marla catogory, up to 10 marla catagory to upto below 20 marlas catogory and below 1 Kanal catagory to above, 1 Kanal catogory that too @ three times the actual rates, illegally and are collecting the same under threats of disconnection or are creating arrears.
The Hon’ble supreme court of India has held in it's ??binding decision reported in
“A Tax can be levied or collected if there is an authority of law behind it.”
Mr. Virochan gen. Secy pleaded on behalf of the memorendists that the act & conduct of Municipal Corp. Jalandhar in issuing illegal bills violating the Pb. Govt. notification and categorising the connections by measuring 1 marla equal to 207 sq.ftinsted of 225 sq.ft. and issuing bills @ three times the actual rates on wrong measurements is high handed ness of the department as such be stopped forth with. Bills be ??corrected form Dec. 1999 and Excess amounts received be refunded and arrears created be washed in the case of all such consumers/connection holders.
The memorendists included Virochan (gen. secy), Bipin Modi, Manjit Virdi, Inder Pal Singh (Judge), Mukesh Gupta, Romesh Arora, Rajive Verma, Subash Chander (Bhasha), Suraj Virdi, Deepak Sonu, Rakesh Gupta, Chander Shekhar, Jaimal, Anil Handa, Jagmohan, Jatinder Singh, Romesh Gosha, Tarjit Singh the officials of the Municipal Corp. Jalandhar assured consideration.
This act of the billing branch of w & s department of MC Jalandhar is intentional and delibrate as the department is in know how of the facts that :-
(i) the municipal corporation house in a resolation adopted on 4-11-1999 has held that in the matter of W. S connecitons installed in commercial, industrial instituaiton where the water is used simply for drinking purposes the charges be belived on ‘D’ tarrif basis only
(ii) The local govt. Punjab has vide it's notification no.
December 1999 settled the matter by separately fixing the rates of water and sewerage regarding the connecitons installed in commercial/industrial units where the water is used for commercial purposes. More over the department corrects the bills by chanigngtarrif form ‘C’ commercial to 5 domestic ‘D’ on applications moved on the ground that the water is not used for any commercial purpsoe after calling for the departmental reports of the field staff. Further, the law i.e. the test is “the user of water alone” and not the nature of the building where water & sewerage conneciton is installed stands settled in view of Judgement of Madras High Court based on the rulings of House of lords and reported in Air 1953 Madrass Page 864.
There are four domestic categories for water and sewerage bill purpose F-1 is upto 5 mareas, F-2 is farm five above to 10 marlas, F-3 is 10 marlas above to less than 1 Kanal and the forth is 1 kanal and above.
The department knowing fully well that for the purpose of W & S bills five marlas are equal to 1125 sq.ft not 1035sq.ft., 10 marlas are equal to 2250 and not 2070 and less than 20 marks means 4499 - sq.ft. 11 and inches an not 4129 sq.ft.11 inches and 20 marlas means 4500 sq.ft on not 4140 sq.ft are inssuing bills regarding five marla catagory to upto 10 marla catogory, up to 10 marla catagory to upto below 20 marlas catogory and below 1 Kanal catagory to above, 1 Kanal catogory that too @ three times the actual rates, illegally and are collecting the same under threats of disconnection or are creating arrears.
The Hon’ble supreme court of India has held in it's ??binding decision reported in
“A Tax can be levied or collected if there is an authority of law behind it.”
Mr. Virochan gen. Secy pleaded on behalf of the memorendists that the act & conduct of Municipal Corp. Jalandhar in issuing illegal bills violating the Pb. Govt. notification and categorising the connections by measuring 1 marla equal to 207 sq.ftinsted of 225 sq.ft. and issuing bills @ three times the actual rates on wrong measurements is high handed ness of the department as such be stopped forth with. Bills be ??corrected form Dec. 1999 and Excess amounts received be refunded and arrears created be washed in the case of all such consumers/connection holders.
The memorendists included Virochan (gen. secy), Bipin Modi, Manjit Virdi, Inder Pal Singh (Judge), Mukesh Gupta, Romesh Arora, Rajive Verma, Subash Chander (Bhasha), Suraj Virdi, Deepak Sonu, Rakesh Gupta, Chander Shekhar, Jaimal, Anil Handa, Jagmohan, Jatinder Singh, Romesh Gosha, Tarjit Singh the officials of the Municipal Corp. Jalandhar assured consideration.
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