The President v. The Executive Engineer And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/20/2026 The President Vs The Executive Engineer and Another Mr. K. Vijay Kumar ... for the petitioner Mr. V. D. Sivabalan Mr. Arun S. Kumar ... for the respondent No.2 January 28, 2026 [AKB] Item No.5 The learned Counsel for the petitioner has submitted that the petitioner constructed a Church upon the relevant land and there are 19 numbers of individual staff residential quarters for the staff of the Church constructed upon the said land. The petitioner approached the respondent nos. 1 and 2 for water connection in the said residential quarters for the staff but the respondent no. 1 did not allow such prayer of the petitioner on the ground that as there was 'No Objection Certificate' from the respondent no. 2 being the Pradhan of Chouldari Gram Panchayat, South Andaman District they are unable to provide water supply connection. The learned Counsel has submitted that the Pradhan of the said Gram Panchayat was time and again approached for issuing no objection certificate but in vain.

None appears on behalf of the respondent no. 1 inspite of service. However, the learned Counsel for the respondent no. 2 is present and he has submitted in his usual fairness that if

two weeks time are given to respondent no. 2, necessary steps will be taken over the prayer of the petitioner. I have gone through the materials on record.

It is needless to mention water supply to a premises having constructed on sanctioned plan and after complying with all legal formalities should be given water connection facility. This is fundamental to right to liberty and freedom as enshrined in our constitution and nobody can deny such right of eligible person.

It prima facie appears that the respondent no. 2 is sitting tight over the relevant application filed in this regard on behalf of the petitioner. However, the respondent no. 2 is directed to dispose of the prayer of the petitioner in accordance with law within two weeks from the date of communication of this order and to communicate such decision to the petitioner and the concerned Executive Engineer, Public Health Engineering Division, APWD, Prothrapur, Sri Vijaya Puram Tehsil, South Andaman District. If the same is not done within the time stipulated above, the petitioner is at liberty to approach the respondent no. 1, and the respondent no. 1 shall provide water connection facility without awaiting the decision of respondent no. 2, treating the 'No Objection Certificate' as having been deemed issued by the respondent no. 2.

The learned Counsel for the petitioner is to communicate this order to the respondent no. 1.

With this direction, the WPA/20/2026 is disposed of.

As no affidavit is called for from the respondents, the allegations made in the writ petition are deemed not to have been admitted by the respondents (Apurba Sinha Ray, J.)