Kolkata Municipal Corporation v. Sunil Kumar Agarwal
2015-06-09
ISHAN CHANDRA DAS, PRANAB KUMAR CHATTOPADHYAY
body2015
DigiLaw.ai
JUDGMENT : Re: Application for Stay (ASTA 80 of 2015). 1. This application has been filed in connection with the appeal preferred from the order dated 5th June, 2015 whereby a learned Judge of this Court while considering the writ petition filed on behalf of the respondents/writ petitioners passed an order directing the Kolkata Municipal Corporation authorities to restore the water supply which was disconnected at the said premises by the authorities of the Corporation on the ground of illegal suction of filtered water from the KMC filtered water supply main line. 2. Mr. Ashok Kumar Banerjee, learned senior Counsel representing the appellants/ Kolkata Municipal Corporation on instruction submits that the respondents/writ petitioners had been illegally consuming the filtered water by direct suction from KMC filtered water main line at the premises in question, which is, however, denied by Mr. Dutta, learned senior Counsel representing the respondents/writ petitioners. 3. Illegal suction of filtered water from KMC filtered water main line is a serious offence. The Kolkata Municipal Corporation authorities are expected to be very much vigilant to stop such direct suction of filtered water unauthorisedly and illegally by anybody. While making any allegation regarding illegal direct suction of KMC filtered water, the authorities of the Corporation should make an endeavour to seize the devices and/or water pumps through which KMC filtered water are illegally drawn by direct suction from KMC filtered water main line. 4. It is difficult for the Kolkata Municipal Corporation to supply sufficient filtered water to the public in the event unauthorisedly such filtered water are consumed in different premises from KMC main water supply line by attaching devices and/or water pumps. 5. In the present case, specific allegations have been made against the respondents/writ petitioners to the effect that on inspection it has been detected that filtered water from the KMC filtered water main line was being drawn at the premises in question of the respondents/writ petitioners by direct suction, which is not permissible under the law. 6. The aforesaid allegation has been however, denied by Mr. Pradip Kumar Dutta, learned senior Counsel representing the respondents/writ petitioners although we are not very much convinced by the aforesaid submissions of the learned Senior Counsel of the respondents/writ petitioners. 7.
6. The aforesaid allegation has been however, denied by Mr. Pradip Kumar Dutta, learned senior Counsel representing the respondents/writ petitioners although we are not very much convinced by the aforesaid submissions of the learned Senior Counsel of the respondents/writ petitioners. 7. Be that as it may, the water supply line at the premises in question has already been restored in compliance with the direction passed by the learned Single Judge. 8. We are, however, not inclined to direct the authorities of the Corporation to carry on any further investigation at this belated stage in connection with the allegation made against the writ petitioners for illegal direct suction of filtered water from the KMC water supply main line since the supply has already been restored and the respondents/writ petitioners will be careful in future and will not permit anybody to draw filtered water unauthorisedly from the KMC main water supply line at the said premises under any circumstances 9. The authorities of the Kolkata Municipal Corporation should also carry on sudden inspection not only at the premises of the respondents/writ petitioners but also in any other premises within the Kolkata Municipal Corporation area in order to ascertain the correctness of any allegation regarding unauthorised drawing of filtered water by direct suction from the Corporation main water supply line. Aforesaid sudden inspection should be conducted with police help if necessary, so that the unauthorised devices and water pumps used for the purpose of the said unauthorised drawing of water supply can also be seized at the site in question. 10. The authorities of the Kolkata Municipal Corporation should also take necessary penal action against the wrong doers in accordance with law in order to prevent wrongful drawing of the filtered water from the KMC water supply main line by illegally attaching devices and water pumps. 11. However, in order to put an end to the current disputes, we direct the respondents/writ petitioners to pay a sum of Rs.
11. However, in order to put an end to the current disputes, we direct the respondents/writ petitioners to pay a sum of Rs. 5000/- with the Kolkata Municipal Corporation authorities within 12lh June, 2015 positively since the authorities of the Kolkata Municipal Corporation on inspection found illegal suction of filtered water at the premises in question from the main water supply line of the KMC by attaching devices/water pump although the payment of the aforesaid amount will not be regarded as admission of any offence committed personally by the respondents/writ petitioners or even the personal involvement of the said writ petitioners in connection with the unauthorised suction of filtered water from KMC filtered water supply main at: the premises in question. 12. With the aforesaid directions, we dispose of both the application as well as the appeal upon treating the said appeal as on day's list. 13. Dutta, learned senior Counsel representing the respondents/writ petitioners submits that in view of the aforesaid order nothing further should be decided in the pending writ petition. 14. Therefore, by consent of both the parties, the writ petition is also treated as on day's list before this Bench and the same is disposed of accordingly without any further order as to costs. Let a photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be handed over to the learned Advocate appearing for the parties on usual undertaking.