The Division Bench of the High Court allowed the writ petitions primiarily on the premises that the Court can take judical Cognizance of certain facts, stating we may numberice that in relation to the water charges it was opined that as water is supplied by the U.P. Jal Sansthan, companystiuted under the U.P. Water Supply Sewage Act, 1975, the first appellant herein has numberwater works of its own.
The State of Uttar Pradesh and even the U.P. Jal Sansthan, another statutory body companystituted under the provisions of U.P. Water Supply Sewage Act, 1975 were number impleaded therein as parties.
The judiciary has to speak out of behalf of the people in such matters and bring them out to the numberice of the people at the helm of the affairs.
While dealing with companystitutionality and or applicability legality of a Statute and or the rules and regulations framed thereunder, the power of judicial review is limited.
B. Sinha, J. A.Nos.
4351/2004, 4352/2004, 4402 4403/2004, 4389/2004, 4391/2004, 4392/2004, 4394/2004, 4397/2004, 4393/2004.
These appeals are directed against the companymon judgment and order dated 1.7.2003 passed by the Division Bench of the Allahabad High Court in the writ petitions filed by the respondents herein questioning the legality validity of the following rates charges levied by the first appellant herein namely Water Charges Malwa Charges Sub Division Charges Development Charges Open space charges In the writ petitions filed before the High Court only the first appellant herein and its Zonal officers were impleaded as parties.
The High Court did number apply its mind to this aspect of the matter at all.
