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Calcutta High CourtWPA/6614/2025disposed

Abhijit Das v. State Of West Bengal And ORS.

2025-06-12Hon'Ble Justice Kausik Chanda3 pages

WPA 6614 of 2025 Abhijit Das Vs.

The State of West Bengal & Ors.

12-06-2025 AKG Ct. 15 Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta, Mr. Ankit Chatterjee ...for the Petitioner Ms. Sima Chakraborty, Mr. Dwijadas Chakraborty ...for KMC Mr. Gourav Das, Ms. Dipanwita Ganguly ...for the State This writ petition has been filed seeking a water supply connection from the Kolkata Municipal Corporation (KMC). The petitioner claims to be the owner of the premises situated at No. 214, Hossenpur Madurdaha, Anandapur, Kolkata - 700107, falling under Ward No. 108 of the Kolkata Municipal Corporation.

In response to the petitioner's request for a new water supply connection, the Corporation required submission of the following documents:

1) "Xerox copy of building sanction plan.

2) Receipt of the payment of building sanction fees.

3) No Objection Certificate from the assessment and collection department.

4) Plumber "Niyog patra"."

The petitioner, however, contends that he acquired title to the said premises by virtue of a gift deed dated December 2, 2024, executed by the previous owner. He states that he is not in possession of the sanctioned plan or the receipt of sanction fees.

It appears from the records that the petitioner has been regularly paying municipal property taxes in respect of the said premises and that no dues are outstanding in this regard.

Water supply is an essential civic service and ought not to be withheld on technical grounds when the petitioner has been consistently paying property taxes and there is no dispute regarding the ownership or occupation of the premises. Mere non-production of the sanctioned building plan cannot form the sole basis for denial of water supply. In light of the above, the Kolkata Municipal Corporation is directed to provide a new water supply connection to the premises in question within a period of three weeks from the date of communication of this order, subject to the petitioner's production of the copy of the gift deed dated December 2, 2024, and compliance with all other formalities. That the petitioner shall also submit the documents mentioned against serial nos. (3) and (4) as quoted above. Accordingly, WPA 6614 of 2025 is disposed of.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)