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1999 DIGILAW 190 (CAL)

Anjana Chatterjee v. Bally Municipality

1999-04-21

KALYAN JYOTI SENGUPTA

body1999
JUDGMENT : - K. J. Sengupta, J. : It is an unfortunate state of affairs that a citizen of a civil area has approached this Court for having water connection within the Municipal area. The petitioner made an application on or about 11th March, 1997. The Vice-Chairman of the concerned Municipality, however, refused to give connection on the plea that as per office order No. 09 dated 8th September, 1995 no further application for house connection will be considered until further orders. The impugned order of rejection on the face of it is bad in law. The nature of the order allegedly passed on 8th September, 1995 is not quoted so that the petitioner can understand the nature of the order. In my view, under the provisions of the West Bengal Municipal Act, 1993 the Municipal Authority is under duty bound to give water connection to the tax payers subject to condition/ restriction. The provision does not say nor the Municipal Authority is authorised to put on a total ban on supply of water or water connection. Even if, there is any such resolution the same shall not stand under Article 21 of Constitution of India as well as the provision of the West Bengal Municipal Act, 1993. 2. Moreover, it appears from the affidavit-in-reply even after this alleged order dated 8th September, 1995 was passed some of the tax payers and/ or house owners have been given water connection whereas the petitioner has been refused for no reason. This discrimination is unexplained by the Municipal Authority concerned. It is the duty of the Municipal Authority even there is any scarcity of supply of water, to make arrangement for equitable distribution of water so that the potable water reaches to the people within the Municipal area. 3. Considering the facts and circumstances of the case I set aside and quash this impugned letter dated 25th October, 1997. The Bally Municipal Authority is directed to give water connection to the petitioner upon fulfilling all other requisite formalities. Such connection shall be effected within a month from the date of fulfilling al the requisite formalities. The Bally Municipal Authority shall also intimate to the petitioner within a fortnight from date about the legal formalities to be observed for giving connection. 4. The writ petition is accordingly disposed of without awarding any order as to costs. 5. Such connection shall be effected within a month from the date of fulfilling al the requisite formalities. The Bally Municipal Authority shall also intimate to the petitioner within a fortnight from date about the legal formalities to be observed for giving connection. 4. The writ petition is accordingly disposed of without awarding any order as to costs. 5. Let xerox certified copy of this order be made available to the learned lawyer for the petitioner on urgent basis, if applied for. Writ petition disposed of with directions.