Calcutta High Court (Appellete Side)Sumit Baran Ghosh vs The State Of West Bengal & Ors on 10 June, 2013Author:Jyotirmay BhattacharyaBench:Jyotirmay Bhattacharya14.06.2013.
    d.p.
                       W. P. No. 21712 (W) of 2012
                          (CAN 2522 of 2013)

                           Sumit Baran Ghosh.
                                   versus
                        The State of West Bengal & Ors.



                        Mr. Amitava Ghosh.
                                    ... for the Petitioner.

                        Mr. Partha Dutta,
                        Mr. Madhusudan Roy.
                                    ...For the Respondent Nos 5 & 6.Mr. Benazir Ahmed....For the State.Section 231of the West Bengal Municipal Act, 1993 not only
              permits the owner of a house to take domestic water connection
              from the municipality but also permits the occupier of any house
              or land to take domestic water connection from the municipality's
              source of water.The petitioner herein is an occupier of a residential house at
              Netaji Subhas Road, ward No. 14 within Sainthia Municipality. The
              petitioner, as an occupier of the said premises, applied for water
              connection in the application form which was supplied to Sunil
              Kumar Ghosh, the owner of the said property, on payment of a
              sum of Rs.100/- to the Municipal authority; towards cost of such
              application form.In column No.6(a) of the said application form, the petitioner
              stated that Sunil Kumar Ghosh is the owner of the property. In
              column No.6(b), he stated that Sumit Baran Ghosh viz. the
 petitioner herein is the occupier of the said premises. The said
application was signed by Sumit Baran Ghosh. Sunil Kumar
Ghosh(owner) gave consent for giving water connection to Sumit
Baran Ghosh (occupier) and such consent was recorded in the
application form itself. The municipal tax receipt issued in favour
of Sunil Kumar Ghosh (owner) was also submitted by the petitioner
along with the said application form. Sunil Kumar Ghosh is the
recorded owner. The title for Sunil Kumar Ghosh in the said
premises is not disputed by the Municipal authority. Sunil Kumar
Ghosh himself certified in the application form that Sumit Baran
Ghosh is an occupier of the said premises and he has consented
for giving water connection to Sumit Baran Ghosh in the said
premises.Under such circumstances, this court, by keeping in mind
the provision contained inSection 231of the West Bengal
Municipal Act, 1993, disposes of the writ petition by directing the
Municipal authority to give water connection to the said premises
concerned within fortnight from the date of compliance of the
necessary formalities by the petitioner in this regard.This writ petition is thus, disposed of.Immediately after the delivery of the judgement, Mr. Dutta,
learned advocate appearing for the Municipality prays for stay of
the operation of the order. Since supply of water to the occupants
of any premises within the municipal limit, is the duty of the
municipality and since the municipality has failed to discharge
and/or carry out its statutory obligation to supply water to the
petitioner, which is basic need of a citizen, this court refuses to
stay the operation of the said order.Prayer for stay thus, stands rejected.Since the writ petition itself is disposed of, no further order
need be passed on the respondent's application for vacating the
interim order.The stay application stands disposed of.Let the supplementary affidavit filed in court to day be kept
with the record.Urgent Photostat certified copy of this order, if applied for, be
supplied to the learned advocate for the petitioner immediately.( Jyotirmay Bhattacharya, J )