NIRMALENDU SAHA Vs. SURI MUNICIPALITY & ORS.

JUDGEMENT

(1.) This writ application depicts a sorry state of affairs. The petitioner as far back as in 1989 filed applications for grant of water connection to his premises holding No. 137 of Ward No. 12 of Suri Municipality. The said application was filed pursuant to a notice inviting applications in prescribed form. The petitioner had not been given such water connection. The petitioner has averred that the respondents have arbitrarily sanctioned water connection to some applicants who had filed application after the petitioner without following any norms whatsoever.

(2.) It appears that certain resolutions had been adopted on 29.12.1990 and 28.1.91 as contained in Annexure C and C-l whereby applications for grant of water connection by other persons had been allowed. The petitioner filed the writ application claiming inter alia following reliefs:

(3.) By an order dated 8.2.91 an interim order was passed by this Court that without considering the case of the petitioner no water connection would be given to the petitioner without the leave of the Court. It is stated that despite the said order no connection had been granted in the premises of the petitioner. From the order sheet dated 22.3.98 it appears the petitioner filed certain documents. On such submissions respondents were asked to take the decision. Such decision had not yet been taken. This lacadisical attitude and callousness on the part of the respondent Municipality, which is a local authority and carries on public utility services cannot but be deprecated. In terms of Sec. 63(f) of the Bengal Municipal Act, the Municipality has an obligatory duty to make reasonable and adequate provisions inter alia in respect of ensuring wholesomeness of water supply for domestic purpose. Sec. 226 appearing in Chapter 15 of para 6 of the said Act under the heading Civil Services reads as follows: