LAWS(MPH)-2009-3-120

PHOOL SINGH Vs. MUNICIPAL CORPORATION

Decided On March 25, 2009
PHOOL SINGH Appellant
V/S
MUNICIPAL CORPORATION Respondents

JUDGEMENT

(1.) THE petitioner before this Court has filed this present petition and has stated that respondent Municipal Corporation is not permitting him to repair the sewer line and there is no garbage system, therefore, his family is facing grave problems. It has been stated that he is residing at Kashinaresh Ki Gali, Ward No. 9, Lashkar, Gwalior and he has already deposited the necessary amount with the Corporation for repairing the blockage in the sewer line.

(2.) RESPONDENT / Corporation has filed the reply and it has been stated that blockage in the sewer line is due to encroachment by the petitioner and now the petitioner wants to a new sewer line which is not possible. The Corporation has also categorically stated that the encroached land belongs the State/ Municipal Corporation and in support of her arguments annexed Annexure R/2, a representation received by the Mohalla Vikas Samiti in the matter.

(3.) IN the present case, it is argued by the learned counsel for the Corporation that it is not the duty of the Corporation to construct a new sewer line and the petitioner has to pay for new sewer line, in case the same has to be constructed/ created. The petitioner has categorically stated that no sewer line is in existence and the petitioner is residing in a locality, which is facing grave inconvenience and the same is also being resulted in spreading of various disease.