Calcutta High Court
Pritam Jalan vs The Kolkata Municipal Corporation & Ors on 29 November, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
WP 982 OF 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
PRITAM JALAN
Versus
THE KOLKATA MUNICIPAL CORPORATION & ORS.
.........
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI Date : 29th November, 2016.
Mr. S. Banerjee...for petitioner.
Mr. B. Mukherjee, Ms. S. Chakraborty... for KMC.
The Court : A flat owner in a block or blocks of flats in a premises has come up before this court by preferring this application under Article 226 of the Constitution of India.
He complains that the water supply to the premises is deficient and that this court should direct the respondent Kolkata Municipal Corporation to take steps to augment the supply.
At the time of moving the writ application, this court directed the respondent Corporation to furnish a report in this behalf after proper inspection. A report dated 19th November, 2016 has been filed by the respondent Corporation. The report says that the water supply through the Kolkata Municipal Corporation pipeline is normal. It also observes that there is a tube well in the premises, which was not functioning properly. It is manual and that it should be replaced by a power driven machine.
Learned counsel for the petitioner shows me section 234 of the said Act and submits that it is the duty of the Corporation to supply a reasonable quantity of potable water to every place of residence. He relies on Explanation I under Section 234[1][b] of the Act. He submits that a tube well sunk within the premises is included in the definition of supply of water. He argues that the Flat Owners' Association should be compelled by the Corporation to take steps so that the the 2 existing tube well is made more efficient or a new tube well sunk so as to meet the water requirement of the residents.
Mr. Banerjeee submits that this is essentially a private matter between the flat owners.
In my opinion, the responsibility is mixed. When the Flat Owners' Association applies to the respondent Corporation to operate a mechanised tube well or for installation of a new tube well, which the Association shall do within three weeks from date, the respondent Corporation will approve installation of the same in accordance with law as early as possible not later than six weeks from the date of such application, subject to the applicant or applicants having complied with all formalities under the law. The respondent Corporation may also make suitable directions and ensure that steps are taken by the said Association so that there can be sufficient output of underground water to meet the reasonable requirement of the residents and also to ensure that the water conforms to the safety standards for drinking water.
All papers are before this court. Allegations, if any, contained in this petition are deemed not to have been admitted.
This writ application is, accordingly, disposed of. Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I. P. MUKERJI, J.) Pkd.
A.R.[C.R.]