Sk. Abdul Rahim v. The Kolkata Municipal Corporation And ORS.

05.02.2026 sayandeep Ct.3.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Sk. Abdul Rahim

Versus

KMC & Ors.

Mr. Indranil Halder ... For the petitioner Mr. Biswajit Mukherjee Ms. Sima Chakraborty .... For the KMC

1. The affidavit-of-service filed in Court today is taken on record.

2. The present writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to ensure that the new domestic water connection which has been sanctioned by the municipality and for which necessary deposit has been made by the petitioner is provided to the petitioner. Learned advocate representing the petitioner would submit that private respondent Nos. 4 and 5 who are tenant and the neighbour respectively, have been obstructing the municipality for which the new domestic supply line to the petitioner's premises could not be made a reality. He submits that municipality is not powerless and is competent enough to resist such illegal obstruction. According to him, the municipal authorities should forthwith make available the water supply to the

petitioner's premises though the sanctioned new domestic water connection especially when the petitioner has already made requisite deposit for the same.

3. Mr. Mukherjee learned advocate appears for the municipality, he would submit that the municipality has taken all steps and has already sanctioned the supply of domestic water connection to the petitioner's premises.

4. Having heard the learned advocates appearing for the respective parties and noting that the respondent Nos. 4 and 5 have not appeared despite service, I am of the view that the municipal authorities ought to give effect to the sanctioned domestic water connection to the petitioner's premises especially when the petitioner has complied with all formalities for the same. Noting that the requisite fees has also been paid by the petitioner and the same is duly acknowledged by the municipality and also considering the fact that the respondent Nos. 4 and 5 have no right in law to resist new domestic water connection to the petitioner's premises, I direct municipality to forthwith take steps and ensure that the new connection which has been sanctioned on 7th June, 2022 is immediately provided to the petitioner. In the event, the municipality requires any assistance from the local police authorities and if such request is made, the concerned Officer-in-

Charge of the local P.S. shall afford necessary assistance to the municipality as sought for. It is expected that the municipality shall complete the work of providing new domestic water connection to the petitioner's premises within a period of 8 weeks from the date of communication of this order.

5. With the above observations and directions, the writ petition is disposed of.

(Raja Basu Chowdhury, J.)