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2005 Supreme(Cal) 726
High Court Of Calcutta
Jyotirmay Bhattacharya
KAMAL ADHIFKARI - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P. 18823 (W) Of 2005
Decided On : 12/07/2005
A co-owner has the right to obtain water connection in a joint property without obtaining consent from the other co-owner, as recognized under Section 231 of the West Bengal Municipal Act, 1953.
Headnote:
Water Connection - Co-ownership - The court held that a co-owner has the right to obtain water connection in a joint property without obtaining consent from the other co-owner, as recognized under Section 231 of the West Bengal Municipal Act, 1953.
Fact of the Case:
The petitioner's application for water connection to his co-owned premises was rejected by the municipal authorities due to lack of consent from the other co-owners.
Finding of the Court:
The court found the rejection of the petitioner's water connection application on the grounds of lack of consent from other co-owners to be illegal and quashed the impugned communication. The municipal authorities were directed to provide water connection to the petitioner within two weeks.
Issues: The main issue was whether a co-owner can obtain water connection in a joint property without obtaining consent from the other co-owner.
Ratio Decidendi: The court interpreted Section 231 of the West Bengal Municipal Act, 1953, which recognizes the right of an owner or occupier of a premises to obtain water connection, and held that a co-owner has the right to obtain water connection without the consent of other co-owners.
Final Decision: The writ petition was allowed, and the municipal authorities were directed to provide water connection to the petitioner within two weeks.
( 1 ) THE petitioner's application for obtaining water connection to his premises being Holding No. 627/535 Mohalla chhotogalli Lane, Chinsura, was rejected by the municipal authorities on the ground that such connection cannot be given unless all the owners of the said holding give consent for taking water connection by the petitioner in the said premises.
( 2 ) ADMITTEDLY the petitioner is the co-owner of the said premises.
( 3 ) THE only question which has cropped up in this writ petition is as to whether a co-owner can obtain water connection in a joint property without obtaining consent from the other co-owner.
( 4 ) SECTION 231 of the West Bengal Municipal Act, 1953 not only recognizes the right of an owner but also recognized the right of an occupier of a premises in getting water connection subject to compliance of the necessary formalities as provided in the said Act or the Rules framed thereunder.
( 5 ) THUS, when the right of an occupier is also recognized for getting the water connection in a premises without the consent of the owner thereof, this Court is unable to find any justification for rejecting the petitioner's prayer for water-connection for want of consent of the other co-owners of the said premises.
( 6 ) A co-owner of a property is no doubt one of the owners of a property who can exercise all his rights in respect of a joint property.
( 7 ) AS such, this Court holds that the ground on which the petitioner's prayer for water-connection has been rejected by the municipal authorities as contained in annexure P-4 to this writ petition at page 34 is absolutely illegal and, therefore, cannot be sustained. The impugned communication being annexure P-4 to this writ petition at page 34 thus stands quashed.
( 8 ) THE municipal authorities are directed to give water connection to the petitioner in the aforesaid holding subject to compliance of requisite formalities in this regard. Such water connection should be given by the municipal authorities positively within two weeks from the date of compliance of the requisite formalities by the petitioner in this regard. This writ petition thus stands allowed. Let a xerox plain copy of this order duly countersigned by the assistant Registrar Court be given to the learned Advocates for the respective parties on usual undertaking. A writ application succeeds
