Who Is Prescribed Authority For Appeal U/S 54 U.P. Water Supply & Sewerage Act? Allahabad High Court Asks State
Recently, the Allahabad High Court has asked the State to clarify as to who is the prescribed authority under Section 54 of the U.P. Water Supply and Sewerage Act, 1975 to decide appeal against the assessment order passed by JaI Sansthan or any other agency under sub-section (2) of Section 53 of the Act. Petitioner, Hindustan Aeronautics Limited Transport Aircraft Division Chakeri,...
Recently, the Allahabad High Court has asked the State to clarify as to who is the prescribed authority under Section 54 of the U.P. Water Supply and Sewerage Act, 1975 to decide appeal against the assessment order passed by JaI Sansthan or any other agency under sub-section (2) of Section 53 of the Act.
Petitioner, Hindustan Aeronautics Limited Transport Aircraft Division Chakeri, Kanpur is engaged in the manufacture, repair and overhauling of sophisticated Aircrafts and other Defence equipments and services and caters to the Defence services in India and is controlled by and works under the Ministry of Defence.
It is the petitioner's case that though it has developed a residential township in the area, it does not avail any amenities provided by the Kanpur Nagar Nigam, Kanpur or the Water Works Department / Kanpur Jal Sansthan and is therefore, not liable to pay any sewage charges.
After various rounds of litigation, petitioner and Kanpur Nagar Nigam had settled their dispute regarding property tax outside Court. In 2023, the Jal Vibhag raised a demand of Rs. 2,09,81,881/- towards sewage charges. Thereafter petitioner approached the High Court which directed the Jal Vibhag to consider petitioner's objections. Petitioner filed its objections, however without considering the same, assessment order was passed.
Petitioner filed an appeal under Section 54 of the Act before the 2. Kanpur Nagar Nigam, Jal Vibhag and Water Works Department, however none of the authorities accepted the appeal. The authorities could not tell as to who was the prescribed authority under the Act to deal with such appeals.
General Manager, Jal Vibhag dismissed the appeal as not maintainable without assigning any reasons as to how it was not maintainable. Accordingly, petitioner approached the High Court seeking quashing of the order and decision on it's appeal by whoever is the prescribed authority.
Since no authorities were accepting the appeal filed by the petitioner, the bench of Justice Shekhar B. Saraf and Justice Praveen Kumar Giri observed that
“we are of the view that the balance of convenience and inconvenience is in favour of the petitioner and a prima facie case is made out in favour of the petitioner. Accordingly, the demand raised by the authorities is stayed for a limited period, i.e., till the next date of hearing.”
The case is next listed on 14th October on which day the respondents are required to inform the Court as to who is the prescribed authority under Section 54 of the U.P. Water Supply and Sewerage Act, 1975.
Case Title: Hindustan Aeronautics Limited Transport Aircraft Division Chakeri v. State Of U.P. And 3 Others
Counsel for petitioner: Diptiman Singh