ZAFRUL HASAN Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The first petitioner is one of the joint Receivers, appointed in Partition Suit No. 507 of 1945 the second petitioner is one of the co-owners, while the third and fourth petitioners are tenants of the building and premises being numbered 1, Dr. Ishaque Road Kolkata (hereinafter referred to as the said premises). This premises is commonly known as 'Palace Court' and is having two separate blocks containing numerous suite and flats. This building was constructed in or about 1926 with effective sewage connection. It is claimed that this building had four several connections with the municipal sewage line.

(2.) On 22nd April 2003, the inhabitants of the said premises could find that the filth water is accumulating and reasons therefor could be detected that the existing four numbers of drainage and sewage lines were disconnected by the Kolkata Municipal Corporation (hereinafter referred to as the said Corporation) to facilitate works of laying drainage and sewage line underneath Kyd Street abutting the said premises to connect with the drainage and sewage line underneath Chowrangee Road. Despite repeated representations no enquiry has been made, nothing was done by the officials of the said Corporation for restoration of drainage connection, no notice was served and no hearing was given before disconnecting such sewage lines.

(3.) On the aforesaid background this writ petition was moved on or about 21st May 2002. On that date Justice Bhaskar Bhattacharya was pleased to pass an interim. order directing the said Corporation authorities to give connection of drainage with one pit immediately, subject to final decision of the writ application and direction for filing affidavit was given.