Rajesh Agarwal v. The Howrah Municipal Corporation And ORS

24.09.2021 Court No. 19 Item no.17 CP WPA 13042 of 2021 Rajesh Agarwal Vs.

The Howrah Municipal Corporation & Ors.

Mr. Ayan Banerjee ... for the Petitioner.

Mr. Sandipan Banerjee Mr. Ankit Sureka .....for the H.M.C.

The petitioner has applied before the Howrah Municipal Corporation for a permission under Section 136 of the Howrah Municipal Corporation Act, 1980 to lay service pipes from the mains of the Corporation so that water supply can be effected to his commercial premises situated at the ground floor, Block A, Shop No. AG1, of Premises No. 16/1 Guha Park, Liluah, Howrah - 711204, from which a restaurant is being run. It is submitted that previously there was a water service connection which was disrupted and broken down at the instance of some unauthorized persons.

An application has been submitted by the petitioner before the concerned authority on August 2, 2021. Let the said application be disposed of in accordance with law upon hearing the petitioner and

any other person who may be interested or affected by such connection. The corporation shall pass an order and indicate to the petitioner whether the said permission can be granted or not and under what conditions and compliances the same can be granted.

If it is found that the corporation is not in a position to grant the said permission for whatever reason, then intimation should be given to the petitioner accordingly.

This order is restricted only to the extent of getting a water connection from the mains exclusively to the shop room of the petitioner. As the issue involved relates to water supply, the entire exercise must be completed by the corporation within a period of six weeks from the date of communication of this order.

While disposing of the said application, the corporation shall also take into account how the other shop rooms have been granted water connection in the same premises.

This writ petition is, thus, disposed of. There will be, however, no order as to costs.

All parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)