Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 1026 (JHR)

Shoukat Ali v. Ranchi Municipal Corporation

2018-05-08

ANUBHA RAWAT CHOUDHARY

body2018
ORDER Anubha Rawat Choudhary, J. - Heard Mr. Pandey Neeraj Rai, counsel appearing on behalf of the petitioners assisted by Mr. Rohit Ranjan Sinha, Advocate. 2. Heard Mr. L.C.N. Shahdeo, counsel appearing on behalf of the respondents. 3. This writ petition was initially filed by the petitioners for the following reliefs:- i. "Quashing/setting aside the notice captioned as "Important Public Notice" (Annexure -8) published under the signature of the Executive Engineer, Water Supply Branch/Section of the Ranchi Municipal Corporation whereby declaration has been made to the people at large that there is no plumber authorized by the Corporation and thereby left it open for the consumers to get the water connection by causing to lay service pipeline from house to the distribution pipe through any plumber and directed the people not to identify anyone as holding authority of the Ranchi Municipal Corporation in this behalf; ii. Holding and declaring the non-compliance on part of the respondents to the provisions contained in Rule 4 (1) (Ka) of the Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 and to the corresponding office order dated 12.06.2013 (Annexure- 4) providing for water connection to be done by the empanelled/registered plumbers only, as unwarranted, arbitrary, illegal and unconstitutional; and thereupon the respondents be directed to either restore the earlier system of mentioning the name of the plumber in the application for water connection itself or device any other appropriate procedure/machinery to ensure compliance with the said Bye-laws." 4. It is submitted by the counsel appearing for the petitioners that a counter affidavit was filed in the writ petition wherein the minutes of meeting of the corporation dated 16.06.2015 was brought on record. In the said meeting a decision was taken whereby the requirement to get water connection through registered plumber of the corporation was deleted. The said decision was contained in Annexure-B of the counter affidavit. 5. Subsequently, the writ petitioners filed I.A. No.3157 of 2018 challenging the said decision as contained in Annexure-B to the counter affidavit. In the said meeting a decision was taken whereby the requirement to get water connection through registered plumber of the corporation was deleted. The said decision was contained in Annexure-B of the counter affidavit. 5. Subsequently, the writ petitioners filed I.A. No.3157 of 2018 challenging the said decision as contained in Annexure-B to the counter affidavit. This I.A No. 3157 of 2018 was allowed vide order dated 10.04.2018 and following prayer was inserted in the main writ petition by way of amendment:- "(ia) quashing with all consequences the decision under Agenda Item No.11 contained in the minutes of meeting dated 16.6.2015 whereunder it has been decided by the Corporation to delete the requirement of getting water connection done through registered plumber contrary to the statutory rules;" 6. Counsel for the petitioners submits as under:- a) That the petitioners are the registered plumbers under Ranchi Municipal Corporation and at the relevant point of time the registration numbers of these petitioners was as mentioned in para - 11 of the writ petition. b) He submits that after the enactment of Jharkhand Municipal Act, 2011, Ranchi Municipal Corporation in exercise of powers conferred under Section 592 of the said Act, framed Bye laws known as Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 in which it has been provided in Rule 4 (1) (ka) that for making connection with the distribution pipe a consumer should get the service pipe laid between his house to the distribution pipe as per the sanctioned plan by any plumber enlisted/registered with the Corporation. c) Consequently an office order as contained in Memo No.205/WB dated 12.06.2013 was also issued by the Corporation with regard to sanction for water connection. d) Counsel for the petitioners further submits that in the format of application for water connection earlier there was a clause regarding mentioning the name of the registered plumber but subsequently the same was done away with and accordingly the union of the petitioners namely Jharkhand Pradesh Plumber Union and a member of the said union filed writ petition being W.P. (C). No.4894 of 2013 before this Court seeking declaration that non-compliance of Rule - 4 (1) (Ka) of Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 is arbitrary, illegal and unconstitutional. No.4894 of 2013 before this Court seeking declaration that non-compliance of Rule - 4 (1) (Ka) of Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 is arbitrary, illegal and unconstitutional. e) The said writ petition was decided by this Court vide judgment dated 07.04.2015 wherein, it was clearly recorded that the counsel for the respondents also submitted that the requirement of law is that the service pipe would be laid by the registered plumber only. f) The operative portion of the said judgment dated 07.04.2015 is quoted herein below for ready reference:- "From the aforesaid provisions, it is apparent that it is not required to disclose the name and registration number of a plumber in the application for water supply connection. Only requirement under Rule 4 (1) (ka) of Upniyam of 2013 is that service pipe would be laid by a plumber registered with the Ranchi Municipal Corporation. Rule 3 (Kha) Upniyam, 2013 clearly provides that after the water supply connection is approved, the water supply connection would be laid by the registered plumber of any area. The provision under Rule 4 (1) (ka) Upniyam, 2013 and the Officer order dated 12.06.2013 also do not provide that the name of a plumber must be disclosed in the application itself. As rightly pointed out by the learned counsel for the respondents, the requirement in law is that the service pipe would be laid by a registered plumber only. I find that the compliance of the said provision has been ensured by requiring that Ferrule connection would be carried in presence of P.L.I./Junior Engineer of the Ranchi Municipal Corporation. Considering the above facts, I do not find any merit in the writ petition and accordingly the writ petition is dismissed." g) He further submits that immediately after passing of the aforesaid judgment dated 07.04.2015 in W.P. (C). No. 4894 of 2013 where there was a clear mandate that the service pipe would laid by the registered plumber only, the respondents Ranchi Municipal Corporation issued notice where it was mentioned that Ranchi Municipal Corporation has no registered plumbers or agent meaning thereby that the concept of registered plumber as per the aforesaid rule was sought to be done away with. h) In such circumstances, the instant writ petition was filed and in the counter affidavit the respondents came up with the plea that in the meeting of the Cooperation Board held on 16.06.2015 the issue namely to end the compulsion to enclose the map with the application for water connection and the requirement of plumbers registered with Ranchi Municipal Corporation was discussed and it was unanimously agreed that the general people are having difficulties over the provisions to include the supply pipeline along with the line plan of one''s own house with the application for water connection. i) Therefore in the online application for water connection the provisions to annex line plan of the applicants'' houses to get water connection through registered plumber Cooperation was deleted. Along with the counter-affidavit the respondent have annexed Annexure-B which is the minutes of meeting dated 16.06.2015. j) Counsel for the petitioners submits that from the perusal of the Annexure-B to the counter-affidavit, it is apparent that the requirement of getting line connection through registered plumber also has been done away with inspite of the fact that such requirement still continues in the aforesaid rules framed by the Ranchi Municipal Corporation accordingly the petitioners have challenged said decision contained in the minutes of meeting dated 16.06.2015 and submits that this particular decision to done away with the requirement of registered plumber is contrary to and in conflict with the aforesaid rule and accordingly is fit to be set-aside. 7. Counsel for the respondents on the other hand submits that the aforesaid decision as contained in Annexure-B to the extent it relates to doing away with the requirement of registered plumber for the purposes of giving water connection has been done away. 7. Counsel for the respondents on the other hand submits that the aforesaid decision as contained in Annexure-B to the extent it relates to doing away with the requirement of registered plumber for the purposes of giving water connection has been done away. This has been done in view of the fact that the registered plumbers had created a monopoly in their respective areas and were charging hefty and unrealistic fees and he further submits that under Section 223 of Jharkhand Municipal Act, 2011 there is a provision for the work to be done by the licensed plumber and it also provides that if in the opinion of the Municipal Commissioner or the Executive Officer, the work is of trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber and therefore in exercise of such power the requirement of registered plumber has been done away with by the decision taken in the meeting of Municipal Board held on 16.06.2015. During the course of the arguments the counsel for the respondents also submits that the steps are being taken for getting rules appropriately amended but the rules have not yet been amended. 8. After hearing the counsels for the parties and considering the facts and circumstances of this case this Court finds that as on date there is a clear rule that the water connection has to be done through a registered plumber as per the provisions of the aforesaid Rule -4 (1) (ka). This Court further finds that by the impugned decision as contained in minutes of meeting dated 16.06.2005, the requirement of getting water connection through registered plumber has been permanently done away. This Court finds that such decision is contrary to the said rule and accordingly the same cannot be sustained. So far as the stand of the respondents that the decision has been taken by resorting to Section 243 of Jharkhand Municipal Corporation Act, 2011 is concerned, this Court finds that the Municipal Commissioner or the Executive Officer of the Municipality on a case to case basis has a right to grant permission in writing only under condition that the required work to be performed by the plumber it is of trivial nature. This Court is of the considered view that by no stretch of imagination this provision can be resorted to completely do away with the requirement of getting water connection through the registered plumber particularly when there is specific provisions to this effect under the provisions of the aforesaid rules. Section 243 of Jharkhand Municipal Act, 2011 is quoted herein below for ready reference:- "243. Work to be done by licensed plumber:- (1) The Standing Committee may grant license to any person possessing such technical qualification as may be determined by regulations to act as a licensed plumber. (2) No person, other than a licensed plumber, shall execute any work described in chapter 24, chapter 25, and in this chapter, and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Municipal Commissioner or the Executive Officer, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber. (3) The municipality shall, by regulations, provide for - (a) the terms and conditions of engagement of such licensed plumbers, (b) their duties and responsibilities, and guidelines for their functions, (c) the charges to be paid to them for different types of works, (d) the hearing and disposal of complaints made by the owners or occupiers of any premises with regard to their work, and (e) in case of contravention of any such regulations by any such plumber, the suspension or cancellation of such license, including prosecution under this Act." 9. This Court finds that as a general rule the work is to be done by a licensed plumber but an exception has been carved out in the rule that on case to case basis and if the work is of a trival nature the Municipal Commissioner or the Executive Officer of the Municipality on a case to case basis has a right to grant permission in writing for the work to be performed by any plumber. This Court further finds that the requirement under Rule 4 (1) (ka) of the Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 is that service pipe would be laid by a plumber registered with the Ranchi Municipal Corporation. This Court further finds that the requirement under Rule 4 (1) (ka) of the Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 is that service pipe would be laid by a plumber registered with the Ranchi Municipal Corporation. Rule 3 (Kha) Upniyam, 2013 clearly provides that after the water supply connection is approved, the water supply connection would be laid by the registered plumber of any area. This Court is of the considered view that the rules framed under the Jharkhand Municipal Act, 2011 has statutory force and is binding on all including the respondents and it is not open to the respondents to water down such the effect of the rules or do away with the rules by executive decisions. 10. Considering the facts and circumstances of this case, this Court finds that the decision to do away with the requirement of registered plumber to the extent it is mentioned in decision dated 16.06.2015 is contrary to Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 and is not in consonance with Section 243 of Jharkhand Municipal Act, 2011 and is accordingly not sustainable in the eyes of law, and, therefore the same is hereby set-aside. The respondents are directed to ensure the compliance of the provisions as contained in the aforesaid Ranchi Nagar Nigam Jal Prabhar Ewam Grih Jal Sanyojan Upniyam, 2013 in letter and spirit and merely because the steps have been taken for amendment of rule does not entitle the respondent not to follow the existing rule till it is amended. 11. The writ petition is allowed with the aforesaid observations and directions.