Fanoos Begum v. The Port Blair Municipal Council And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/914/2023 Fanoos Begum Vs.

The Port Blair Municipal Council and another Mr.Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents September 26, 2023 [SR] Item No.9 Despite service, there is not representation on behalf of the private respondent. The affidavit of service filed yesterday revealed that that the service has been effected on 23rd September, 2023.

The instant writ petition is filed alleging inaction on the part of the municipal authorities in not removing the debris and/or garbage accumulated at the drain situated in front of the house site of the petitioner.

It further appears that a suit for eviction and a counter claim in relation to a rival title is pending before the Civil Court.

There is no fetter on the part of the Court in addressing the issue raised in the instant writ petition as the scope and the issue involved in the civil suit is distinct, separate and have no co-relation with the issue involved in the instant writ petition.

It is undeniable that the drain is constructed by the municipal authorities and therefore, maintenance of the civil amenities is the primary responsibility of the municipal authorities. The accumulation of the debris and/or garbage in the drain which impedes the free flow of water being drained out has a cascading effect both physically and mentally.

It is candidly submitted by the municipal authority that they intended to remove the debris and/or the garbage accumulated in the drain but were obstructed by the private respondent. It is further submitted by the counsel for the administration that the private respondent is claiming the said drain within his house site and therefore not permitting the official of the municipal authorities to enter upon his land.

Without venturing to enter into the disputed arena whether the drain is situated within the house site of the private respondent or not, the nature and the purpose behind the construction of a drain cannot be overlooked. The drain is meant for clearance of the water and in the event if there is an accumulation, it may be breeding ground for the insects causing several diseases. The right to life being a fundamental right is not restricted to a mere survival but imbibed within itself the right to live with dignity. Such right cannot be undermined nor taken away and therefore, this Court does not find any justification in creating any obstruction at the time of clearance of the garbage and/or debris accumulated in the said drain.

The Municipal Authorities are directed to clear all the debris and/or garbage accumulated in the said drain in front of the house site of the petitioner within three weeks from the date of communication of this order.

The private respondent is restrained from creating any obstruction and/or hindrance in executing the said work by the municipal authorities, and in the event such obstruction is perceived by the municipal authority, they are free to approach the local police station seeking assistance in this regard. On such approach, the head of the police station shall provide an adequate police assistance so that the obstruction and/or obstacles created by the private respondent is removed and the work is executed. With these observations, the writ petition is disposed of.

No order as to costs.

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

( Harish Tandon, J. )