http://www.PetitionOnline.com/watertax/petition.html
http://www.PetitionOnline.com/watermcc/petition.html
http://www.deccanherald.com/deccanherald/feb172006/district1 83782006216.asp
Friday, February 17, 2006
Deccan Herald " District " Detailed Story
Register your water woes online
DH News Service Mysore:
Syed Tanveeruddin of Karanji and Siddharthanagar Tax Payers Association has called for online registration of drinking water woes.
He has questioned the legality of the hike in the water tariff by Mysore City Corporation (MCC) and alleged that the recent hike in the tariff is in violation of Section 104(c) of the Karnataka Municipal Corporation (KMC) Act.
Sign online
Mr Tanveeruddin has urged citizens to sign the petition, by logging on to
http://www.PetitionOnline.com/watertax/petition.html
(for tariff hike).
He has also created a separate petition demanding the restoration of daily supply of drinking water. Citizens can log on to
http://www.PetitionOnline.com/watermcc/petition.html
False amendment
Mr Tanveeruddin alleged that MCC's claims of Section 103, 104 and 105 of KMC Act having been amended in 2003, was false.
The local body had not informed the court about it, he added.
Even though public objections were called in November 2005, with respect to the hike, no modifications were done in the hike proposal before implementing it, the petition said.
Mr Tanveeruddin charged that the hike was unwarranted and unnecessary as MCC had not plugged the revenue leakage.
"There are over 40,000 unauthorised connections, 2,600 Bhagyajala connections and 68,000 non-metered connections in the city. By regularising all these, MCC will get huge revenue, without burdening honest tax payers," he stated.
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Petition against hike in domestic water tax in violation of Karnataka High Court order and Section 104 (c) of the Karnataka Municipal Corporations Act 1976
To: The Hon'ble Karnataka High Court, Chief Minister, Chief Secretary, Chief Information Commissioner, Lok Ayukta, Principal Secretary Public Grievances, Secretary Urban Development, Deputy Commissioner, Mysore City Corporation (MCC) and Vani Vilas Water Works (VVWW).
3 petitioners' permission taken for the online reproduction of the HC Order.
THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF OCTOBER, 2005
B E F O R E
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
Writ Petition No. 19047 OF 2005 (LB-Res)
BETWEEN
1 SHIVKUMAR PATIL S/O P KENCHANA GOUD
AGED ABOUT 48 YEARS, R/A NO.5655,
VIJAYANAGAR II STAGE, MYSORE-17
2 SHALINI N KAMATH W/O N P KAMATH
AGED ABOUT 60 YEARS
R/A NO. 55, II CROSS,
IV BLOCK, KALIDASA ROAD,
JAYALAKSHMIPURAM, MYSORE-12
3 B KARIYAPPA S/O K BASAPPA
AGED ABOUT 46 YEARS
R/A 37/H, VIJAYANAGAR I STAGE,
MYSORE-17
…………………………………………PETITIONERS
(By Sri R.V.S.NAIK, ADV., FOR
M/S KING & PARTRIDGE, ADVS.)
A N D:
1 THE CORPORATION OF THE CITY OF MYSORE
SAYYAJI RAO ROAD, MYSORE-570024
REP BY ITS COMMISSIONER
2 STATE OF KARNATAKA
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, VIDHANA SOUDHA,
BANGALORE-560 001 REP BY ITS SECRETARY
………………………………………RESPONDENTS
(By SMT GEETHA DEVI M P, ADV. FOR R1
SRI H.B. NARAYANA, HCGP FOR R 2)
THIS WRIT PETITION FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.01.2005 (ANNEXURE B) FOLLOWING RESOLUTION NO.466/2004-05 DATED 20.12.2004 ENHANCING WATER RATES AMONG OTHERS FOR DOMESTIC USE FROM THE EXISTING RATE OF Rs.1.45 PER 1000 LITRES OF WATER (UPTO THE FIRST SLAB OF 25,000 LITRES AND Rs.2.65 FOR THE SECOND SLAB I.E., FOR CONSUMPTION BETWEEN 25,0001 TO 50,000 LITRES PER MONTH ETC.) WITH EFFECT FROM 01.01.2005, AS FAR AS PETITIONERS ARE CONCERNED AND ETC.,
THIS PETITION COMING ON FOR THE PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
1. The dispute brought before this Court lies in a narrow compass. The question is
whether the respondent Corporation while revising water rates ought to have complied
with the provisions of Section 103, 104 and 105 of the Karnataka Municipal
Corporation Act, 1976 (for short 'the Act')?
2. There is no dispute that the respondent Corporation is a creature of the Act and under
Section 148 is empowered to revise any tax imposed by it once in every five years subject
to observing the procedure prescribed for imposition of taxes. "Tax" is defined under
Section 2(41) of the Act to include(s) toll, rate cess, fee or other impost leviable under the
Act.
It is also not in dispute that water rates is a tax or cess falling within the definition of the
term "Tax".)
3. Section 104 of the Act prescribes the procedure for imposition of taxes, which reads as
thus:
"104. Procedure preliminary to imposing a tax. - A Corporation, before imposing a tax, shall observe the following preliminary procedure. -
(a) it shall, by resolution passed at a total general meeting, select for the purpose one or other of the taxes specified in Section 103 and in such resolution specify so far as may be applicable.-
(i) the classes of persons or of property or of both which the Corporation proposes to make liable and any exemptions, which it proposes to make;
(ii) the amount or rate at which the Corporation proposes to assess each such class;
(b) when such resolution has been passed, the Corporation shall publish in the Official Gazette and in such other manner as may be prescribed, a notice of such resolution in the prescribed form;
(c) any inhabitant of the city objecting to the imposition of the said tax or to the amount or rate proposed or to the classes of persons or property to be made liable thereto or to any exemptions proposed, may, within one month from the publication in the Official Gazette of the said notice, send his/her objection in writing to the Corporation; the Corporation shall take all such objections into consideration, or shall authorise the Standing Committee for taxation and finance to consider the same and report thereon and unless it decides to abandon the proposed tax, shall submit such objections with its opinion thereon and any modifications proposed in accordance therewith, together with a copy of the notice aforesaid to Government."
4. In the instant case as is noticed the pleadings of the parties more particularly the
statement of objections filed by the respondent, does not disclose compliance of Section
104 of the Act. Learned counsel for the Corporation would not dispute that the revision of
water rate was not preceded by following the procedure under Section 104 of the Act. In
this view of the matter it cannot be said that the revision of water rate by order dated
10.01.2005, Annexure B enhancing the rate for domestic use from the existing rate of
Rs.1.45 per 1,000 litres of water (upto the first slab of 25,000 litres and Rs.2.65 for the
second slab i.e., for consumption between 25,001 to 50,000 litres per month etc.) with
effect from 01.01.2005 satisfies the requirement of law. The order suffers from the vice
of no compliance of statutory procedure prescribed under Section 104 of the Act. The
respondents having not complied with the statutory mandate, the order is unsustainable in
law. The writ petition is accordingly allowed. The order bearing NO.887/2004-05 dated
10.01.2005, Annexure B is quashed.
Sd/-
Judge
TRUE COPY
Sd/-
dated 07/11/2005
Section Officer
High Court of Karnataka
Bangalore-560 001.
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So may we ask :
1) How can/could the MCC/VVWW contemptuously and maliciously/falsely claim and issue media / press statements in Jan 2006 that the Sections 103, 104 and 105 of the KMC Act, 1976, were amended in the year 2003 itself?
2) Why didn't their learned counsel inform the Hon'ble HC or its Hon'ble Judge regarding it?
3) Why did the VVWW and MCC call for the Mysore City('s) inhabitants to file their objections between 23/24 Nov 2005 to 23/24 Dec 2005 just to tell that they've become invalid?
MCC's violation or non-compliance of the Section 104(c) of the KMC Act, 1976
In "discordance" with the above order the MCC has once again violated (or not complied with) the Section 104(c) of the KMC Act, 1976, by neither taking all such written objections filed by the inhabitants of the Mysore City into consideration nor authorising the Standing Committee for taxation and finance to consider the same and report thereon. Also, before reimposing the tax it has not submitted such objections with its opinion thereon and any modifications proposed in accordance therewith, together with a copy of the notice aforesaid to the Government.
Therefore, the learned counsel for the petitioners may please consider filing of contempt of (Karnataka High) Court petition (for the wilful disobedience of the HC order) against the MCC and the VVWW (Vani Vilas Water Works) at the earliest.
Unmetered connections=0,39,960
Fraudulent Bhagyajala connections=0,02,600
Non-working meters=0,68,000
Working meters=0,09,440
Total number of water connections as per MCC's/VVWW's (un)official claims =1,20,000
If 39,960-58,960 unmetered connections are metered, 2,600 fraudulent Bhagyajala connections are disconnected, 68,000 to 72,000 non-working meters are made functional then this presently reimposed hike in water tax w.e.f. Sun, Jan 1, 2006 is unnecessary.
For the past several years more than 68,000 (legal) consumers who are owning non-working meters are being charged just Rs.60/- per month irrespective of the quantity of water that's being consumed.
Interest worth Rs.36 crores on water dues of all defaulting / dishonest domestic, non-domestic, commercial and industrial consumers was unnecessarily waived off.
In many old extensions in city water bills are neither accepted nor a rupee of water tax paid resulting in 40 to 50% loss in revenue.
25 to 50% or 7.5 to 15 MGD (Million Gallon per Day) of water is wasted per day due to leakage from VVWW's old rusted and badly maintained poor quality pipelines/pipes.
The cost of electricity to operate electric motors for pumping water constitutes the largest component of the expenditure connected with water supply. All the electric motors now in use to pump water in Mysore are of antique technology, rated at just 60% efficiency even when new. Each of these motors has gone through numerous rewindings, which have further reduced their efficiency.
Whenever there's a breach in the old rusted poor quality pipelines/pipes new poor quality pipes/pipelines are being laid/drawn along the old rusted ones instead of replacing them (with good quality pipelines/pipes) thereby wasting tax payers' money and encouraging unauthorised tapping.
MCC/VVWW is recovering the revenue lost due to leakage, pilferage / theft and default from the honest metered consumers.
Therefore, the MCC/VVWW may please be directed to roll back the domestic water tax hike immediately, to refund the excess domestic water tax that's being collected illegally w.e.f. Jan 2005 and to strictly prevent some unscrupulous / dishonest domestic consumers from misusing the precious domestic drinking water "excessively" for non-domestic purposes.
Pl. separate the MCC from the VVWW and reform, restructure and regulate it (VVWW) in order to make it independent and financially viable so that it can work with minimum government and political interference [like the BWSSB (Bangalore Water Supply and Sewerage Board)].
Sincerely,
The Undersigned
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An appeal to restore daily regular domestic drinking water supply to Mysore City perennially
To: The Hon'ble Karnataka High Court, Chief Minister, Chief Secretary, Chief Information Commissioner, Lok Ayukta, Principal Secretary Public Grievances, Secretary Urban Development, Deputy Commissioner, Mysore City Corporation (MCC) and Vani Vilas Water Works (VVWW)
SOURCE: STAR OF MYSORE
Daily water to Mysore depends on many contingencies!
Corporators play water politics - Mayor Ms. M. Bharathi
URL:
http://www.ourkarnataka.com/Articles/starofmysore/waterpolit ics.htm
Inadequate staff, obsolete pumping equipment and incompetence have together left the system of water supply to Mysore in a sorry state, according to Mysore City Corporation Commissioner A.B. Ibrahim in his exclusive interview to Star of Mysore (SOM).
Mayor Ms. Bharathi, also spoke to SOM and disclosed the stance of the Corporators.
Mr. A.B. Ibrahim: The city needs 42 MGD (42 million gallon) of water per day, but only 30 MGD is being supplied. Out of this, about 25 percent (about 7.5 MGD) is wasted due to inefficient supply, distribution and management. Added to this, the unauthorized tapping from the rising main (main pipe) is resulting in still more leakage. The quantity can be ascertained at the beginning of the supply point but it is not possible to gauge exactly how much water has been supplied to city.
It is estimated that there are about 10,000 km long pipelines in the city, which has 1200 km stretch of roads. But if water supply to any area is disrupted, the Corporators permit the installation of a new line of water supply. Instead of replacing the old, rusted pipes, new pipes are being installed along the old ones. As a result, it has given rise to unauthorized connections and water is being used excessively for gardening also. This appears to be the sphere where the water management is inefficient.
Sometimes it becomes impossible to disconnect unauthorized connections due to the interference of influential persons. Many persons are not used to paying water tax, but disconnecting their water connection is not being possible. At some places even water bills are not accepted. Not a rupee of water tax from many old extensions in city has been paid.
Mr. Rangaswamy Executive Engineer VVWW: The stand-by 1000 H.P. Pump from Hongalli 2nd Stage, which was given for repairs one and a half years ago, hasn't been brought back.
Ms. M. Bharathi: The Corporators lack will power and are engaged in water politics to convert their wards into vote banks. In view of all this it appears that at least 15 years are needed to solve the water crisis to some extent.
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URL:
http://www.ourkarnataka.com/Articles/starofmysore/mysorecity 2005.htm
Vani Vilas Water Works (VVWW) does not have any idea of how much water is actually pumped and received by the city, what is the current daily water need of the city, how much water is lost during distribution, how many customers have meters, how many meters are working etc. The roof of the tank in Vijayanagar has so many gaping holes it may collapse any time. MCC has no funds to repair it.
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Date:02/08/2005 TUE, AUG 02, 2005 SOURCE: THE HINDU
URL: http://www.thehindu.com/2005/08/02/stories/2005080204170200. htm
Water, water everywhere...
KRS and Kabini reservoirs are full but drinking water is in short supply in Mysore
OVERFLOWING WOES?: Despite the water-level in the Krishnaraja Sagar nearing its brim, there is no respite for residents of Mysore.
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MON, OCT 17, 2005 SOURCE: DECCAN HERALD
URL:
http://www.deccanherald.com/deccanherald/oct172005/district1 9354920051016.asp
Water project gathering dust
VVWW's Rs 5.5 crore proposal to upgrade facilities to Karnataka Urban Water Supply and Sewerage Board (KUWSSB) is gathering dust for last one year.
Water supply system in Mysore is outdated as pumping motors, transformers, supply lines and cables have become outdated. They often develop technical snag(s). It needs immediate upgradation to ensure effective supply of drinking water. Machineries at most of the drinking water projects - Hongahalli II and III stage and Belagola - have not been upgraded for over 25 years now.
For instance, Hongahalli II (8 Million Gallon per day) and III (12 Million Gallon per day) stage scheme were commissioned in 1969 and 1979 respectively. But neither of these schemes were upgraded so far. Similarly, Belagola scheme, which provides 3.5 Million Gallon per day water to Mysore city, was commissioned in 1896. Equipment connected to it was last upgraded in 1979.
As per the norms, infrastructure with regard to water supply systems needs to be upgraded at least once in 30 years for civil works and 15 years for machineries like electric motors, pipelines, cables and others.
Owing to poor infrastructure, there has been lot of problems with regard to maintenance. "These stations are taken up for repair at least once a week and this caused inconvenience to citizens as supply has to be stopped," officials said.
In fact, there is only one (11/66 KV) transformer for both Hongahalli II and III stage schemes. Moreover, the transformer is quite old and officials are finding it difficult to get spare parts for its repair. Karnataka Power Transmission Corporation (KPTCL) has, therefore, asked VVWW to immediately replace this with new one with additional capacity. With regard to Belagola scheme, the panel board connected to 280 HP motor was installed over six decades ago, officials said.
"The poor infrastructure is not only affected the water supply but resulted in water leakage in large quantity. Precious water leaking out of valves and connecting points is a common scene here," officials noted.
Gathering dust
VVWW's Rs 5.5 crore proposal to upgrade these facilities to Karnataka Urban Water Supply and Sewerage Board (KUWSSB) is gathering dust for last one year. This is despite the fact that MCC and various citizen's forum in Mysore have been crying foul on the need for immediate implementation of the project.
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MON, JAN 30, 2005 SOURCE: DECCAN HERALD
URL:
http://www.deccanherald.com/deccanherald/jan302005/d23.asp
Water leakage
In Mysore, it has been informally estimated that nearly half the water pumped from the various pumping stations does not reach the consumers because of leakage in badly constructed and poorly maintained pipelines.
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SAT, OCT 15, 2005 SOURCE: THE HINDU
http://www.hindu.com/2005/10/15/stories/2005101515500300.htm
Rs. 5.5 crores promised to replace electricity pumps
Meeting held on problems in drinking water supply to the city
-
Corporation Commissioner told to divide 65 wards among officials of VVWW
Deputy Commissioner asked to hold review meetings once in a fortnight on water supply
- KUWSDB told to coordinate with VVWW in mapping water pipelines within 45 days
MYSORE: The Government has promised to release Rs. 5.5 crores needed to replace the outdated electricity pumps that pump drinking water here.
This was stated by Secretary to the Department of Urban Development Subhash Chandra at a meeting of senior officials of the Mysore City Corporation (MCC), Vani Vilas Water Works (VVWW) and the elected representatives at the office of the Deputy Commissioner here recently.
During the meeting, Mr. Chandra asked corporation Commissioner A.B. Ibrahim to divide the 65 wards among various officials of Vani Vilas Water Works and hold the person appointed responsible for deficiency in drinking water supply. He directed the Deputy Commissioner to hold review meetings once in a fortnight on the drinking water supply.
He directed the Karnataka Urban Water Supply and Drainage Board (KUWSDB) to coordinate with VVWW and map all drinking water pipelines in the city within 45 days.
His direction came after MLC Made Gowda noted that officials of Vani Vilas Water Works are not aware where the pipes and valves are and mapping of the water supply system is urgently needed. Mr. Chandra told Mr. Ibrahim to pursue with the Government the Melapura second stage drinking water scheme and assured to support the corporation in securing clearance for the project.
He asked the corporation to write to the Centre for financial help for improving the drinking water supply system.
Under the National Urban Water Scheme, the Centre pays 90 per cent of the cost of any water supply scheme if local bodies can finance the remaining cost, he said.
During the meeting, MLA Somashekar said he has visited the office of Vani Vilas Water Works several times but is unable to solve the drinking water problem in his constituency.
Meetings
The former Mayor Dakshina Murthy said fortnightly meetings between the officials of Vani Vilas Water Works, Chamundeshwari Electricity Supply Corporation and the Irrigation Department are necessary to iron out the problems in the drinking water supply.
We the undersigned request everyone concerned to provide daily regular (good quality) drinking water supply to the "domestic" consumers of Mysore City perennially (throughout / round the year).
To view the latest updates or information on the perennial water woes of Mysoreans please click the link given below
http://mysore.12.forumer.com/viewforum.php?f=88
Sincerely,
The Undersigned
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