OD-8 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/1168/2024 SK. SYEED AHMED -VS-

THE STATE OF WEST BENGAL AND ORS BEFORE:

The Hon’ble JUSTICE GAURANG KANTH Date: July 3, 2025.

Appearance:

Mr. S. T. Mika, Adv.

Mr. Pratick Sardar, Adv. Miss Priyanka Das, Adv.

…for the petitioner Mr. Debjit Mukherjee, Adv.

Ms. Susmita Chatterjee, Adv.

Ms. Priyavada Singh, Adv.

…for the State Mr. Alak Kr. Ghosh, Adv.

Ms. Sima Chakraborty, Adv.

…for KMC The Court: The petitioner has filed the present writ petition seeking a direction upon the respondent/Corporation to permit the construction of a separate underground water reservoir and to grant an independent water supply connection through a separate ferrule, subject to compliance with all requisite formalities.

Learned counsel for the petitioner submits that he is the absolute owner of the southern portion of premises bearing No. 25A, Samsul Huda Road, P.O. Circus Avenue, P.S. Karya, Kolkata – 700017. The respondent no.10, on the other hand, is the absolute owner of the northern portion of the said four-storeyed building. Both parties have acquired their respective titles by virtue of registered sale deeds dated 14.03.1988 and 17.01.2007, respectively.

It is further submitted that both the petitioner and respondent no.10 jointly hold easementary and user rights over the eastern common passage, staircase (extending from the ground floor to the rooftop), septic tank, and underground water reservoir. The respective portions of the premises have been duly mutated in their respective names, and separate assessee numbers have been assigned to each of them.

Disputes arose between the petitioner and respondent no.10 regarding the use and access of common areas, particularly the underground reservoir. As a result, civil suits are currently pending before the competent Civil Court. It is alleged that respondent no.10 has been obstructing the petitioner’s access to water from the common underground reservoir. Consequently, the petitioner approached the respondent Corporation seeking permission to construct a separate underground reservoir and to obtain an independent water connection. However, no response was forthcoming, prompting the petitioner to file the present writ petition.

Mr. Alak Kumar Ghosh, learned counsel for the respondent Corporation, has filed a report asserting that the entire premises at 25A, Samsul Huda Road is considered a single unit by the Corporation. According to the Corporation, both the petitioner and respondent no.10 are co-owners of an indivisible property, with shared access to common facilities. The Corporation contends that the premises is not capable of vertical division.

It is further submitted that the premises is already equipped with a water supply connection through a ferrule of the maximum permissible size, determined in accordance with the annual valuation of the land and building under the provisions of the Kolkata Municipal Corporation Act. It is argued that, as per the applicable provisions and prevailing municipal policy, only one domestic water connection is permissible per premises, irrespective of the number of owners. Hence, no separate connection can be granted to the petitioner.

Learned counsel for the petitioner disputes the Corporation's position, arguing that the existence of two separate assessee numbers entitles the petitioner to a separate water connection. He relies upon Section 267 of the Kolkata Municipal Corporation Act to support his claim, contending that the Corporation has the discretion to permit separate connections based on annual valuation and the petitioner’s compliance with tax obligations.

Conversely, learned counsel for the respondent Corporation places reliance on Sections 254, 265(b), and 266 of the Act. He submits that Section 254 contemplates a single water supply per premises, Section 265(b) confirms that the property has already been duly assessed for water supply and is currently receiving water thro