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Supreme Court of India 2019-02-08 allowed

Municipal Corporation, Faridabad vs Modern School, Faridabad & Ors

Bench: 2 — Hemant Gupta

In Brief

Two schools in Faridabad installed private tube-wells to supplement the Municipal Corporation's inadequate water supply. The Corporation served notices demanding user charges for discharging the extracted water into its sewers. The schools challenged this in court, arguing the charges were "fees" requiring state government approval under the Municipal Act. The Supreme Court held that such charges are not fees but rather charges for using the Corporation's drain infrastructure, which the Corporation is obligated to maintain. No prior government approval is required for these user charges, and the Corporation was justified in levying them. The Court allowed the appeals and set aside the High Court's order favouring the schools.

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Municipal Law Environmental Law Infrastructure Charges Administrative Law Water Supply and Sewerage

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