Infrastructure charges by Delhi Jal board on group housing
We are living a housing society which is 3 story building of 102 flat of only 45 sqm built up area. DJB levy Aprox. Rs 34000/each flat as infrastructure charge to sanction a bulk connection.This charge applicable only on flat (group housing) not on individual plot. Ie. House built on 200 sqm individual plot is free of this charges . This bulk charges is applicable on 4 or more story flat as per DJB resolution and than DJB circulated order they ignore term 4 story.
My first question can DJB differentiate house owner in manner of group housing. individual plot ?
second question can DJB charge this infra structure charge on those plot where no infra structure done for specially those group housing?
Asked in Civil Law from New Delhi, Delhi
CAN A PIL AGAINST THIS INFRASTRUCTURE CHARGES FILE?
Asked 1 year ago
Hi, DJB authorized to collect the tax from group housing flats and it is policy matter you have to pay the tax.
2. You can file a Public Interest Litigation but i don't thing High Court will allow your petition.
1) since your society is only of 3 floors you would not be liable to pay infrastructre charges as your building is only 3 floors . according to you as per resolution it is applicable only for buildings having 4 floors
2)further according to you as per DJB resolution it is not applicable to individual plot
3) you have to move HC to challenge the infrastructure charges levied on your plot
4) jal board can differentiate between group housing and individual plot
1. File a W.P. against the said circular of the DJB for unequally treating you in comparison to others praying for a mandamus to withdraw the said circular,
2. It is a fit case to win.
1. Here you are he sufferers,
2. So, yiu can file W.P. and not PIL.
A distinction can be made by DJB if it is bases on an intelligible differentia. However, to charge infrastructure charge in respect of property which does not have infrastructure is illegal. This part of the circular can be challenged in Delhi High Court which can rule it as illegal.