THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.353 OF 2007
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Andapalli Sanjeev Kumar, learned Special Government
Pleader attached to the office of the learned Additional Advocate
General for the appellant.
Mr. Siddartha Sarma, learned counsel for respondent No.1.
2. This intra court appeal is filed by the Hyderabad
Metropolitan Water Supply and Sewerage Board (hereinafter
referred to as 'the Board') against the order dated 18.10.2008
passed by the learned Single Judge by which W.P.No.6463 of 2007
preferred by respondent Nos.1 to 6 herein has been disposed of
with liberty to the appellant to re-formulate its tariff policy for
supply of water. It has further been directed that excess collection
of minimum charges in respect of supply of water, if any, made
from respondent Nos.1 to 6, shall be adjusted in future bills.
3. Facts
giving rise to filing of this appeal, briefly stated, are that prior to 2006, the Board used to charge Rs.90/- for the entire ::2::
multi storied building for supply of water treating all the flats in the multi storied building to be one unit. However, by a resolution dated 14.12.2006, the Board decided to charge Rs.90/- from each of the flat owners.
4. The respondents thereupon filed a writ petition before the learned Single Judge. The learned Single Judge by an order dated 18.10.2008 inter alia held that classification of flats in multi storied buildings along with individual residential houses and levy of uniform minimum charges for supply of water is arbitrary and unreasonable. However, the Board was granted liberty to re-formulate its tariff policy for supply of water and was directed to follow the same method as was been followed prior to coming into force the resolution dated 14.12.2006. It was further directed that excess collection of minimum charges, if any, made from respondent Nos.1 to 6, shall be adjusted in future bills. In the aforesaid factual background, this intra court appeal has been filed.
5. Admittedly, in pursuance of the liberty granted by the learned Single Judge, the Board has re-formulated its new tariff policy for supply of water w.e.f., 10.11.2011 under which Rs.115/-
::3::
was being charged in respect of supply of water to each of the flats treating the same to be an independent dwelling unit. Respondent Nos.1 to 6 have paid the aforesaid charges without any demur. Thereafter, on 02.12.2020, the State Government has decided to supply water free of cost to a citizen who opts for the same. It is not in dispute that respondent Nos.1 to 6 have opted for free supply of water.
6. From the aforesaid narration of facts, it is evident that the issue involved in this appeal has been rendered academic on account of efflux of time.
7. The writ appeal is accordingly disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date:30.10.2023 Lrkm