In Brief
The appellant, owner of a building in Kolkata with mixed residential and commercial tenancies, was issued a notice by the Kolkata Municipal Corporation alleging unauthorized use of domestic water supply for commercial purposes (offices on floors 1-5). The Supreme Court allowed the appeal, holding the notice invalid for being non-speaking and failing to specify the particular violation. The Court found that where unfiltered water is unavailable, Section 272(4) of the KMC Act permits wholesome water for non-domestic purposes, overriding Sections 238/271. The notice should have been directed to actual occupiers using the water commercially, not the owner alone. Trade licenses issued for commercial use and charges levied accordingly also implied permission to use water for licensed purposes.
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