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2002 DIGILAW 793 (PAT)

Arun Kumar Mukherjee v. State Of Bihar

2002-07-24

NAGENDRA RAI, R.S.GARG

body2002
Judgment 1. Regarding Chiriayatand Overbridge The District Magistrate, Patna is present in Court and states that the lands have been acquired for the purpose of construction of the Chiriayatand Overbridge. 2. The Finance Commissioner is present in Court and states that rupees hundred crores were given by the Planning Commission as Central assistance out of which the State Government has ear marked rupees ten crores for the construction of Chiriayatand Overbridge. He however states that about two months time will be taken to take approval of the Planning Commission. 3. Accordingly, put up this matter on 7th October, 2002. 4. The personal appearance of the Finance Commissioner, Secretary Urban Development Department and Managing Director of the Bridge Construction Department is dispensed with for the time. 5. Learned counsel appearing for the PRDA has brought to our notice the fact that without proper certificate being given by the local authorities, the Patna Municipal Corporation and the Electricity Board are giving water supply connection and electricity connection respectively which is in breach of the provision contained under Section 53 of the Bihar Regional Development Authority Act, 1981 . 6. Learned counsel appearing for the Electricity Board and the learned counsel appearing for the Corporation fairly stated that in view of the aforesaid provision, no one is entitled to water connection and electric connection till relevant certificate in terms of Section 53 of the Act is filed before the local authority at the time of taking connection. 7. Section 53 of the Act runs as follows: 53. Prohibition of water-supply ana municipal authorities to give water connection to newly constructed buildingsAny agency charged with the duty of supplying water and rendering such other services to buildings, or installations in the development area or the region, shall not give water connection or such other services to any newly constructed building in the development area or region or convert to permanent domestic use any connection already taken unless the application for such connection is accompanied by a certificate from the Authority or the local authority empowered to sanction building plans under this Act. Provided that temporary water connection for non-domestic use may be given if the application is accompanied by a plan sanctioned by the Authority." 8. Provided that temporary water connection for non-domestic use may be given if the application is accompanied by a plan sanctioned by the Authority." 8. From perusal of the aforesaid section, it appears that for non-domestic use temporary water connection may be given if the application is accompanied by a plan sanctioned by the Patna Regional Development Authority. For regular water connection, the relevant certificate of occupancy has to be filed. The same formality is also required to be performed for giving the electric connection. This Court already in the case of Ranchi Regional Development Authority through its Vice Chairman V/s. Ranchi Municipal Corporation, reported in 1995(2) PLJR 340, had directed the authorities to act in terms of Section 53 of the Act. 9. After hearing learned counsel for the parties, we reiterate the earlier direction issued by this Court in the aforesaid case and direct the Electricity Board and the Patna Municipal Corporation to act in terms of the requirement of Section 53 of the Act. In case of any violation, if the matter is brought to the notice of the Court, appropriate action will be taken against the concened officer. In case where water connection/electric connection has been given in breach of the aforesaid section of 53 of the Act, the authority will identify the said connection and will disconnect the same within two weeks and submit a report to this Court about the same. 10. Let a copy of this order be given to Mr. S.D. Yadav, learned counsel for the State, Mr. H.S. Himkar, learned counsel for the PRDA, Mr. Chandrashekhar learned counsel for the Patna Municipal Corporation, Mr. Mihir Kr. Jha, learned counsel for the Bihar Electricity Board and Mr. M.P. Gupta, learned counsel for the petitioner.