JAIN, J. - (1.) THIS writ petition has been filed for directing the Assistant Engineer, Public Health Engineering Department, Nawa (Nagaur) (Respondent No.2) to grant water connection to the petition and also for directing the Nagar Palika, Kuchaman City to grant 'No Objection Certificate' in this regard.
(2.) IT has been stated in the writ petition as follows : The petitioner is running a residential college under the name and style of 'Indira College of Library Science'. IT also runs a hostel for the students who study in the said college. The premises which were taken on rent for running the said college and hostel had no water and electric connection. Electric connection was subsequently obtained in January, 1989. The Assistant Engineer, PHED, Nawa (respondent no. 2) and the Nagar Palika, Kuchamancity (respondent No.3) have intimated vide their letters Annexures 2 and 3 that water connection can be given to the petitioner on its furnishing 'No Objection certificate' from the landlord. No reply has been filed by any respondent. It has been contended by the learned counsel for the petitioner that the respondent No. 2 and 3 had no jurisdiction to ask for 'No Objection Certificate' from the landlord for granting water connection. The petitioner is entitled to get water connection even without consent or 'No Objection Certificate' of its landlord, there is no such law or rule, if there is any such law or rule it is unconstitutional and it deserves to be struck down. He lastly contended that the respondent No.2 is under legal obligation to grant water connection to the petitioner as water is absolutely necessary for the functioning of a college or a hostel. The learned Government Advocate duly supported the letters Annexures 1 and 2 issued by the respondents No. 2 and 3 respectively. He contended that the disputed premises had no water connection when it was taken on rent by the petitioner from its landlord and there is no provision in the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 conferring right to tenants to gel water connection, electric connection and sanitary fittings installed in the demised premises without the consent of the landlord like section 28 B of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction), Act, 1972 which reads as under - "28 B. Tenant's right to get water connection and sanitary fittings installed-Notwilhstanding anything contained in any law for the time being in force relating to a local authority, the tenant (including a sub-tenant) shall have the right to gel water connection electric connection & Sanitary fittings installed in the building under his tenancy at his own cost, and the provisions of Sub-Section (3) of Section 26 shall apply in relation to every such installation." He further contended that it has been observed in Shikhar Chand Pulawat vs. State of Rajasthan (1) that there cannot be any fundamental right, natural right or inherent right of an occupier of a premises to have water or electric connection, the question whether electric and water connections are to be given or not to any occupier does not arise normally from the common law i.e. general rights an it is primarily a case of statute or it may be a case of contract. A Division bench of this court has observed in Babulal vs. State of Rajasthan (2) as follows : - "The only question that requires consideration is as to whether the petitioner can be allowed to have a water connection even without the 'No Objection Certificate' of the landlord. The petitioner is in occupation of demised premises in his capacity as a tenant. The petitioner cannot be denied the amenity of water connection on behalf of the respondents. Reliance has been placed on rule 9 of the Rajasthan Water Supply Rules. It has not been pointed out under what authority these rules have been issued or whether they have any sanctity of law has not been clarified. We have seen the rules. The enabling power has no where been mentioned in the rules. Thus, these so called rules can have no force of law and as such rule 9 cannot pressed into service by the respondents to refuse to give water connection to the petitioner. The petitioner being in occupation of the demised premises so, in our opinion, entitled to have a water connection."I am bound with these observations of the Division Bench.
(3.) ACCORDINGLY, the writ petition is allowed and it is directed that the respondents will give water connection to the petitioner. No order as to costs.;