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Supreme Court of India 2019-02-08 allowed

Municipal Corporation, Faridabad vs Modern School, Faridabad & Ors

Bench: 1 — Hemant Gupta

In Brief

The Municipal Corporation of Faridabad levied user charges on two schools (respondents) for discharging waste water from privately-installed tube-wells into the corporation's municipal drains. The schools challenged these charges, arguing they were fees requiring State Government approval under the Haryana Municipal Corporation Act, 1994. The High Court accepted this argument and set aside the charges. The Supreme Court reversed the High Court's decision, holding that user charges for drainage services are distinct from taxes and fees, and do not require prior State approval. The Corporation is entitled to levy such charges as part of its statutory duty to maintain drainage infrastructure and dispose of waste water.

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Environmental Law Municipal Administration Water Supply and Drainage Administrative Law

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