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2019 DIGILAW 159 (KER)

Neetha Joy v. State of Kerala

2019-02-15

ANU SIVARAMAN

body2019
JUDGMENT : This writ petition is filed seeking the following reliefs: (i). Issue a Writ of Mandamus or other appropriate writ, order or direction to the respondents directing them to reconsider the situation and take necessary steps to provide water connection to the petitioner on the basis of the Application submitted for separate domestic connection to the first floor of the said building bearing separate door No.39/1474-A1 in the said building which is denied by Exhibit. P5 (ii). To declare the proceedings marked as Exhibit-P5 issued by the 2nd respondent as illegal and consider the applications submitted by the petitioners are under 7(d) of the Kerala Water Authority (Water Supply) Regulations), 1991 and provide house connection to 1st Floor of their apartment building. 2. Heard the learned counsel for the petitioner, the learned Standing counsel for the Kerala Water Authority and the learned Government Pleader. 3. It is submitted by the learned counsel for the petitioner that the request made by the petitioner for water connection has been rejected on the reason that the building has a plinth area of more than 1000 square meters and is therefore a 'flat'. It is stated that the insistence that connection can be taken from 160mm/150 mm pipe line only, considering the said building as a 'flat' is illegal. The learned counsel for the petitioner submits that the building in question has a plinth area of 849.54 metre square, excluding parking area. It is stated that going by the definition of 'Flat' in terms of Section 2(xa) of the Kerala Water Supply and Sewerage Act, 1986 (for short, 'the Act') the building is not a flat or a multistoried building as defined under Section 2(xva). It is therefore contended that the refusal to grant water connection to the petitioner is completely unsustainable. 4. A counter affidavit has been filed on behalf of the 2nd respondent. It is stated therein that the petitioner had applied for water connection to building No.39/1474-A1, based on Ownership Certificate obtained from Kochi Corporation dated 06.08.2016. It is stated that on verification of the said application, it was found that Contribution Street Main Extension (in short 'CSME') is required for sanctioning of water connection as per rules. However the application could not be favourably considered because the premises of the petitioner answers the definition of 'flat'. It is stated that on verification of the said application, it was found that Contribution Street Main Extension (in short 'CSME') is required for sanctioning of water connection as per rules. However the application could not be favourably considered because the premises of the petitioner answers the definition of 'flat'. It is stated that the total plinth area of the building to which connection is applied for is 1149.29 m2, and as such, under Section 2(xa) of the Kerala Water Supply and Sewerage Act, the building comes within the definition of 'flat'. It is stated that under Section 38A(2), the connection to such a building cannot be made from a distribution line having diameter of 150 mm or less. It is stated that the 90 mm PVC distribution line near the petitioner's residence cannot be used for providing water connection to the petitioner's residence. 5. I have considered the contentions advanced. Section 2(xa) of the Act, 1986 defines 'flat' as follows: “flat means building/independent villas having ten or more dwelling units or buildings having a total plinth area of 1000 Sq.metres or more in a premise”. “multistoried building” is defined as “buildings in a premise having five or more units or having a total plinth area of 500 square metres or more used for non domestic activities with or without any dwelling unit.” 6. Section 38A (2) of the Act states that the supply of water referred to in sub section (1) shall not be made from a distribution main having diameter of 150 mm or less. Section 38 A deals with the supply of water to flats and multistoried buildings. The petitioner's specific case is that the residential units are located in the ground plus two floors of the building. The basement floor is used as a car parking area. The plinth area of the basement floor comes to around 299.03 m2. This is exclusively used for car parking. The plinth area of ground, 1st and 2nd floors would come to only 849.54 square metres. As such, the petitioner's building could not come under the definition of the 'flat', since the total plinth area of the dwelling units in the premise would definitely be less than 1000 square metres. This is exclusively used for car parking. The plinth area of ground, 1st and 2nd floors would come to only 849.54 square metres. As such, the petitioner's building could not come under the definition of the 'flat', since the total plinth area of the dwelling units in the premise would definitely be less than 1000 square metres. In the above view of the matter, I am convinced that the premises belonging to the petitioner will not answer the definition of 'flat' or 'multistoried building' as provided in sub-section (xa) or (xva) of Section 2 of the Act. The insistence that the water connection cannot be provided from a line having less than 150mm diameter is therefore not sustainable. The impugned orders are therefore set aside. There will be a direction to the respondents to consider the application filed by the petitioner for water connection, treating the residential unit as a domestic unit forthwith, at any rate within two weeks from the date of receipt of a copy of the judgment. The writ petition is ordered accordingly.