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Bombay High CourtWP/12405/2017disposed offdismissed for default

Kiran Jagannath Salvi v. The State Of Maharashtra And Others

2018-02-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 Sr915 WP12405.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 12405 OF 2017 Kiran Jagannath Salvi ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Mr Shaikh Mazhar A. Jahagirdar, Advocate for the petitioner Mr Vikram R. Dhorde, Advocate for respondent No. 2 Mr P. V. Barde, Advocate for respondent No. 3 Mr S. B. Pulkundwar, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 06TH FEBRUARY, 2018.

ORDER:

1.

We have heard the learned counsel for respective parties. The petitioner seeks directions against respondent No. 2 - Municipal Council to connect the water supply pipeline of the Gaikwad Vasti laid by village Panchayat, Belapur.

2.

Mr Dhorde, the learned counsel for the Municipal Council submits that, it was because the letter was given by the respondent no. 3, the water connection was not made. The process for water supply was stalled.

2 Sr915 WP12405.2017 3.

Mr Barde, learned counsel for respondent no. 3 submits that, the petitioner and other persons are illegally occupying the premises and the proposal is forwarded by respondent no. 3 to the State Government for regularisation of the persons in that area. 4.

Whatever may be the dispute amongst the parties, the basic human amenities cannot be withheld. Water is a basic amenity. The respondent No. 2-Municipal Council shall proceed ahead with the work for water supply to the area where the petitioner is staying, expeditiously, preferably within four weeks from today. Only because water connection is given, the same does not create any right of whatsoever nature upon the immovable property. 5.

The writ petition is, accordingly, disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde