VidhiSangh

Supreme Court of India · 22/10/2021

JALKAL VIBHAG NAGAR NIGAM & ORS. versus PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION & ANR.

[2021] 12 S.C.R. 210 · 2021 INSC 659

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld the water-tax provisions of the Uttar Pradesh Water Supply and Sewerage Act, 1975. The levy under Section 52 was a tax on lands and buildings within Entry 49 of List II, distinct from consumption charges and fees. Actual use of water or a connection was not essential, subject to the statutory restrictions. The High Court’s refund direction was reversed. Contrary observations treating Section 52 as a fee in Union of India v. State of U.P. were overruled to that limited extent.

Issues

  1. Whether the water levy was a tax on lands and buildings within State legislative competence or a fee dependent on actual services.
  2. Whether premises without a water connection could be taxed and the impugned provisions were constitutional.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and the respondent’s writ petition dismissed. Recovery of the balance demand with 9% annual interest permitted; no order as to costs.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 210.