LAWS(NCD)-1997-3-117

MUNICIPAL COUNCIL Vs. JAGJIT SINGH

Decided On March 27, 1997
MUNICIPAL COUNCIL Appellant
V/S
JAGJIT SINGH Respondents

JUDGEMENT

(1.) Three Appeal Nos.873, 874 and 875 of 1996 are being disposed of by this order. All these appeals have been filed by Municipal Committee, Mansa against different respondents, who were complainants before the District Forum, Mansa. The houses of the complainants as stated are situated beyond the Railway line in the town of Mansa. There is Water Supply Scheme at Mansa. Water is arranged by Punjab Water Supply and Sewerage Board, however, connections at the residences of the inhabitants are allowed by the Municipal Committee, Mansa. Such water supply connections were allowed to the complainants.

(2.) Since there was no supply of water at the houses of the complainants for the last 5 years, they approached the District Forum with the complaints. Apart from the grouse relating to the water supply, some other grouse was also raised against Municipal Committee relating to non cleaning of the streets etc. The complainants sought directions to the Opposite Parties to pay compensation of Rs.20,000/-. Reply was filed by Municipal Committee as well as by the Board. The Board categorically admitted deficient supply of water to the area beyond the Railway line for which a new scheme would cost about Rs.4.25 crores. Municipal Committee in the reply admitted having granted connections. However, there is no specific denial about the supply or non supply of water to the houses of the complainants. Except that, assertions were made of wastage of water by some in the sense that they were spraying water or otherwise some of them were using Booster Pumps. In a way, they were justifying non availability of water in the houses of the complainants. The complainants filed their own affidavits whereas on behalf of the Municipal Committee, affidavit of their Executive Officer, Birbal Dass was filed. No affidavit on behalf of the Board was filed. On the material produced aforesaid, the District Forum by separate orders passed in the cases gave directions to the Municipal Committee not to charge for the water when no water was supplied. A direction was given to the Opposite Parties to continue the supply of drinking water to the premises of the complainants and such a direction be complied with by October 30, 1996. Separately, costs by way of compensation amounting to Rs.1,100/- in each case were also allowed to be paid to the complainants by the Opposite Parties.

(3.) The aforesaid appeals were admitted. Records have been received. In all the three appeals, applications for staying operation of the orders of the District Forum have been filed on March 4, 1997. Since, appeals were listed for today, we have heard Counsel for the complainants in these appeals. Nobody has come up to argue the appeals on behalf of the appellant, Municipal Committee, Mansa.