Karnataka HC orders policy to ensure content on govt websites is consistent with law

Justice Govindaraj observed that public authorities must recognise that any representation made on an official website carries weight and authority. “Even if such material does not have statutory force, it influences public conduct. Inconsistent or outdated information can undermine public confidence and give rise to allegations of arbitrariness or unfairness,” he said.

What the policy should address

The policy to be framed shall address the following subjects, the court said:

* It shall provide for a system of prior legal vetting before uploading any document that relates to statutory rights or obligations, fees, charges, classifications, penalties, or entitlements; or interpretations or explains any provision of an Act, Rule, or Regulation.

* Administrative guidelines or informational material and citizen charters or facilitative documents are to be clearly labelled and marked, so that a layperson can distinguish between binding law and explanatory material.

* Every informational or explanatory document hosted on official websites should carry a standardised disclaimer stating that, in the event of any inconsistency, the relevant statutory provisions shall prevail.

* Certification by the head of the department that the website content is updated and consistent with current law.

* Identify the designated officers responsible for website content in each Department. A protocol for correction of errors.

* A structured mechanism enabling citizens to report discrepancies between website content and statutory provisions, with mandatory timelines for response.

Why the court directed the formulation of the policy

A petition was filed by Jain International Residential School in the Kanakapura area near Bengaluru, challenging the notices issued by the Bangalore Water Supply and Sewerage Board (BWSSB), demanding payment of pro-rata charges for supply of water to the school.

As per Section 2(17)(a) of the BWSS Act, “pro rata charges” means proportionate charges towards cost of improvement of water supply and sewerage systems levied by the Board from time to time, payable by owner or occupier or developer of any building.

The petitioner contended that in 2004, the Karnataka government passed an order sanctioning the supply of 9 lakh litres of water per day, at an estimated cost of Rs 93 lakh, to be deposited for carrying out the works to the school.

On May 6, 2004, an agreement was executed between the school and BWSSB for water supply. On January 28, 2014, the Board issued a communication to the petitioner to pay pro-rata charges on water supplied to it. In 2015, the school sought an increase in the amount of supply of water, following which the board, in February 2016, issued an order calling upon it to pay pro-rata charges of Rs 4,32,64,474, within 30 days on the ground that, when the water connection had been issued to the petitioner, pro-rata charges were not collected.

Challenging the order and notices issued to the petitioner before, Senior Advocate S Sriranga relied on a customer charter web hosted on BWSSB’s website to contend that the levy of pro-rata charges was at commercial rate of Rs 600 per square metre, when in fact, there is a separate classification for educational purposes, and it is at that rate that it ought to have been levied.

Senior Advocate Ravi B Naik for the Board opposed the contention that the charter is merely an administrative or informational document uploaded on the website of BWSSB in or about the year 2005. It does not derive authority from the statute, nor has it been framed in exercise of delegated legislative power, it said.