High CourtsDivision Bench(1999) 08 AHC CK 0048

Raj Nagar Residents Welfare Association, Ghaziabad vs City Board, Ghaziabad and another

Allahabad High Court · Decided on 10 August 1999 · Citation: (1999) 4 AWC 3009 : (1999) AWC 3009 : (1999) RD 573 : (1999) 3 UPLBEC 2299

HON’BLE JUDGES
Lakshmi Bihari, J · Binod Kumar Roy, J
CASE NUMBER
C.M.W.P. No.29426 of 1992

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 175 words

Binod Kumar Roy and Lakshmi Bihari, JJ.—Heard.

2.

The prayer of the petitioner is to command the City Board, Ghazlabad, not to realise the sewer drainage tax from the residents of Raj-Nagar, as it has already been paid as development charges to the Ghaziabad Development Authority.

3.

It is well known that City Board, Ghaziabad is a municipality and thus its functionings are governed by the Municipality Act and the Rules framed thereunder. It is not the case of the petitioner that the Municipality Act and the Rules framed thereunder do not authorise City Board. Ghazlabad, to levy sewerage tax. It is also well known that there is difference between the words ''development charges'' and ''tax on sewerage.''

4.

In this view of the matter, we are of the view that no case had been made out for interference by this Court.

5.

In the result, this writ petition is dismissed. However. In the peculiar facts and circumstances when no one has appeared to contest this writ petition, we make no order as to cost.