Rajendra Kumar Modi v. The Kolkata Municipal Corporation And ORS.

15.12.2025 Ct. 3 Item No.

Ad 15 Saswata WPA 24271 of 2024 Rajendra Kumar Modi

Versus

Kolkata Municipal Corporation & Ors.

Mr. Bikash Ranjan Bhattacharjee, Sr. Adv.

Mr. Dibyendu Chatterjee Mr. Rahul Deb Goenka Ms. Satabdi Das Mr. Mainak Sinha Mr. Subhasis Banerjee ... For the petitioner Mr. Alok Kumar Ghosh Ms. Tanushree Dasgupta Ms. Ina Bhattacharya ...For the KMC

1. The instant writ petition has been filed, inter alia, praying for a direction upon the municipal authorities to repair the sewerage and drainage system at the premises no. 88, Chelta Road, Kolkata - 700 053. Upon the writ petition being moved, this Court by order dated 8th October 2024 had called upon the municipality to file a report.

2. Pursuant to the above direction, though a report has been filed by the Executive Engineer (Civil), Borough - X dated 12th December 2024, the same is not affirmed by way of an affidavit. As per the above report it would transpire that the petitioner has failed to identify the existing sanction pertaining to the drainage system already available at the aforesaid premises. Although, an exception has been filed to such report, however today, Mr. Ghosh learned advocate appearing for the KMC has come up with instructions and submits that since there is an existing drainage system on the main road, the

problem of the petitioner can be solved provided, an appropriate application is made by the petitioner through a licensed plumber for connecting the internal waste water drainage system with the main drainage system of the KMC and undertakes to pay all costs, charges and expenses for compliance of necessary formalities as may be required for connecting the same.

3. Having regard to the statements made in Court today, I am of the view that no fruitful purpose will be served in keeping the writ petition pending. Having regard thereto, I permit the petitioner to apply before the municipality in accordance with law through a licensed plumber for connecting the existing waste water drainage of the petitioner at premises no. 88, Chelta Road, Kolkata - 700 053 with the main drainage system of the KMC. If such application is made in accordance with law upon compliance of all formalities including the undertaking to be given by the petitioner to bear such charges and expenses as may be necessary, the municipal authorities shall as expeditiously as possible preferably within 7 working days, process such application and notify the charges required to be paid by the petitioner, provided other formalities being complied with.

4. Upon receipt of such charges, the municipal authorities shall grant permission to connect the waste water drainage system of the petitioner's house

with the main drainage of the KMC within two weeks from the date of making such payment.

5. With the above observation and direction, the writ petition is disposed of.

6. All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website.

(Raja Basu Chowdhury, J.)