R.L.SAKLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a writ, order or direction against the second respondent (Cantonment Board, Kasauli) commanding it to connect the demised premises in his possession situate in the building owned by the third respondent with the source of public water supply by providing an independent connection at his own cost without insisting upon the issue of a "No Objection Certificate" by the third respondent.

(2.) The case of the petitioner is that he is a tenant in Set No. 3, Annie Villa, Kasauli Cantonment, District Solan. He was facing a problem regarding water supply to the premises in his occupation on account of a dispute between himself and the third respondent. He, therefore, made an application to the second respondent for the grant of an independent water connection and followed up the said request by a letter dated September 7, 1987. He received a reply dated September 25, 1987, Annexure -PA, from the Cantonment Executive Officer, stating that "no separate water connection will be sanctioned to you being a tenant" and that "the owner should make a request to the Board for water connection".

(3.) On November 3, 1987, the petitioner addressed a letter, Annexure - PB, to the Cantonment Executive Officer reiterating the difficulties experienced by him in the matter of getting water supply on account of a device having been fixed by the third respondent by means of which the supply was controlled and stating that he was given to understand that until and unless the consent of the owner was obtained and furnished it would not be possible to provide him with an independent water connection. He point ed out that insistence upon the production of a consent letter from the third respondent was contrary to law and that certain new water connections were given during the previous year as per the record and that, therefore, having regard to his genuine problem, his case should be reconsidered and the request for an independent water connection should be accepted.