Thiruvananthapuram: The local self-government (LSG) department has upheld the bylaw passed by the city corporation regarding the distribution of drinking water using tankers while complying with the latest High Court order which said that the government may issue a proper reasoned order considering the contentions of the parties in accordance with the law. Following the HC order, special secretary, LSGD had heard the petitioners who moved the court against the bylaw and also the secretary of the city corporation.
As per the order issued by LSGD following the hearing, the department noted that the municipal corporation is well empowered to make such a law under the constitution and under the Kerala Municipalities Act 1994. Hence there is no relevant material to cancel the said bylaw as pleaded by the petitioners by enabling section 573 of the Kerala Municipalities Act 1994, the order notes. It further says that the bylaw is well within the law and legislative competence of the municipal corporation. The municipal corporation shall provide equal opportunity to the petitioners in the business of water supply subject to the existing rules and regulations, including the bylaw, according to the order.
According to the bylaw, the corporation made registration of all tankers supplying water in the corporation limits mandatory. The city corporation introduced the scheme mainly to regulate private agencies and other stakeholders from collecting unreasonable and exorbitant amounts from the public for supply of drinking water and to ensure uninterrupted supply of drinking water to the general public at all times.
The city corporation which introduced the bylaw in January 2020 faced strong resistance from private tanker owners who also filed a case against the corporation questioning the legal validity of the bylaw. Initially the tanker owners had managed to win a favourable court order by arguing that the bylaw would not hold ground legally since the state government had not approved it.
The local self-government department had in January 2021 approved the bylaw prepared by the corporation to regulate the operation of private water tankers in the city.
During the hearing, the counsel for the petitioners argued that the bylaw was framed unilaterally and implemented arbitrarily by the corporation, taking over a private business and monopolizing the business i.e., collection and distribution of water for various purposes using tanker lorries. They further contended that the by-law issued by the corporation had taken away the business from the petitioners, denying their livelihood and regulated water supply through a software application causing the petitioners to obtain a license before February 15, 2020, failing which a penalty was imposed and also compelled to install GPS facility in their vehicles. The petitioners had many external contracts to water supply which could not be performed due to the actions of the corporation, incurring huge losses.
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