RABIN KUMAR MITRA Vs. KOLKATA MUNICIPAL CORPORATION
LAWS(CAL)-2010-8-128
HIGH COURT OF CALCUTTA
Decided on August 19,2010

RABIN KUMAR MITRA Appellant
VERSUS
KOLKATA MUNICIPAL CORPORATION Respondents

JUDGEMENT

- (1.) Let affidavit-of-service filed in Court today be kept with the record.
(2.) Despite service of notice, none appears on behalf of the respondent Nos. 7 and 8. In the writ petition, the petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation particularly on the Executive Engineer, Water Supply, Borough - I, Kolkata Municipal Corporation, the respondent No. 5 to quash the memo dated 21st June, 2010 and to install a separate water connection to the tenanted premises which is situated at the ground floor of premises No. 15, Shyama Charan Moitra Lane, Baranagar, forthwith after depositing the necessary charges. Learned Advocate appearing on behalf of the petitioner relying on section 255 of the Kolkata Municipal Corporation Act, 1980 submits that appropriate direction may be issued upon the respondent No. 5 to give water connection.
(3.) It appears from the letter dated 21st June, 2010 that the Corporation is ready to provide a branch Y connection at the premises subject to the consent of the owner of the premises. In that view of the matter and considering the facts and circumstances of the case, the writ petition is disposed of by directing the respondent No. 5 to give branch Y connection at the premises, if the owner agrees, within a fortnight from the date of communication of this order. However, in case consent is not forthcoming the petitioner is at liberty to apply for ICI water connection through an approved plumber. If such application is filed, the respondent No. 5 shall dispose of the same by passing a reasoned order within a fortnight after making an inspection of the premises. Such inspection is to be done upon notice to the petitioner and the private respondent. If the respondent No. 5 comes to a conclusion that such supply is feasible, the said respondent within seven days shall provide ICI water connection to the petitioner subject to compliance of all formalities including the payment of charges.;


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