'Ignorant' JS continues to charge extra taxes

KANPUR: Jal Sansthan (JS) has to collect a total revenue of Rs 53 crore as water tax and sewer tax from citizens by the end of the current financial year. It has sent recovery certificates to 563 defaulters in January. Though, the department collected Rs 37 crore within 10 months, the officials claimed collection of the remaining amount was a Herculean task.
Notices have been issued upon owners of houses and commercial buildings who have procured illegal water or sewer connections.Then, there is also the matter of those who are not availing water or sewer facility provided by the urban local body but have to pay taxes. Yet others claim to be paying extra amount as taxes.
Jal Sansthan's general manager Ratan Lal said: "We are issuing recovery certificates on defaulters who have to pay more than Rs 20,000 as taxes. There are many who have not submitted their bills and have to pay more than Rs 1 lakh. Therefore, for such cases we are taking help of the district administration that can initiate actions like attachment proceedings."
He also informed around 10-15 such cases had come up in which private housing societies had illegally connected their sewer with Jal Sansthan's. "They are focusing on areas like Swaroop Nagar, Ashok Nagar, Kakadev, Mall Road, Chamanganj, Kidwai Nagar, Saket Nagar, Govind Nagar, P Road, Gandhi Nagar, Barra and Jajmau," he informed. The urban local body is also keeping an eye on the guest houses and hotels running in residential areas and are flouting norms of the Kanpur Development Authority (KDA). Even private nursing homes, apartments and small-scale industries are under vigil.
However, there are those who claim they are being taxed heavily with every bill sent to them by Jal Sansthan. Surprisingly, people are not aware whether they are being charged with water tax or cost of water.
One of the senior advocates, Swaroop Narayan Bajpai, said: "According to law, the local body can realise tax only and cannot charge the water cost. The automatic mechanical enhancement, which was being done by Jal Sansthan, was held illegal by the high court in 2000. In spite of that Jal Sansthan has been increasing water charges."
He said, "Under Uttar Pradesh Water Supply and Sewerage Act 1975, Section 52, Jal Sansthan levies taxes, fee and charges where the area is covered by the water supply services and sewer services of Jal Sansthan. In this case, water tax levied should not be less than 6% and not more than 14%. Whereas sewer tax should not be less than 2% and not more than 4% of the assessed value of the premises. But, if they are revising the tariffs, then it has to be based on actual statics."
It needs to be mentioned that the Allahabad high court has also stated from time to time that Jal Sansthan cannot charge more than the provisions in the act. In this regard, a landmark judgment was passed by the Lucknow bench in 2000 in a case styled as Lucknow Grih Swami Parishad v/s State of UP. In that judgment, Justice AK Yog and Justice Ikram-ul-Bari observed that notification for mechanical revision of water charges was held unsustainable in law.
But, the officials of Jal Sansthan claim they are authorised to charge cost of water under the UP Gazette December 28, 1999, according to which either water tax or cost of water can be charged from the consumers, whichever is maximum. Ratan Lal said: "In 1997-98, there was a provision to increase the cost of water by 7.5%. But after 2000, cost of water was charged on a 5% rate. This rate is enhanced every three years."
When questioned on the HC order that clearly stated that mechanical revision was held unsustainable in law, the general manager said he had no knowledge of the judgment and was simply following the UP Gazette December 28, 1999.