The definition of 'multi-storied building' under the Act necessitates that the use be for non-domestic activities, which the petitioner's building failed to satisfy.

JUDGMENT

The petitioner, who is in possession and enjoyment of 3.52 Ares of garden lands comprised in Survey No.1059/1/19 in Block No.1 of Cheraneloor Village, after having constructed, a building on the basis of Ext.P2 occupancy certificate sought for connection from the Kerala Water Authority - 1^st respondent herein. The petitioner's request for water connection came to be considered by the Water Authority, finding that the petitioner requires to submit an appropriate application seeking C-SME connection with reference to the provisions of Section 38A of the Kerala Water Supply and Sewerage Act, 1986 (for short “the Act”) The afore decision was the subject matter of challenge in W.P.(C) No.28720 of 2022 and by Ext.P6 judgment dated 20.06.2023, a learned Single Judge of this Court took note of the contention raised by the petitioner that Clause 14 in Appendix B of Kerala Water Authority (Water Supply) Regulations, 1991 (hereinafter referred to as “Regulations, 1991) would apply, on account of which even without obtaining any consent from the 5^th respondent herein, the petitioner is entitled for water connection. Therefore, proceedings, by which the water connection was rejected, was set aside directing the matter to be reconsidered with reference to the provisions of Clause 14 of Appendix B referred to above. After the remit by this Court, the order at Ext.P7 dated 26.06.2023 was issued finding that the petitioner's application requires to be considered only as a case of entitlement with reference to C-SME line. Though the petitioner filed a representation seeking review, by Ext.P9 dated 03.07.2023, the Water Authority took note of the objection raised by the 5^th respondent, at whose instance, the C-SME line was laid and held that the petitioner can only get connection after getting an NOC from the 5^th respondent. It is seeking to challenge Exts.P7 and P9 issued as above that the petitioner is before this Court.

2. I have heard Sri.George Mathew, the learned counsel for the petitioner, Sri. Georgie Johny, the learned Standing Counsel for the Water Authority as well as Sri.M.Sasindran, the learned counsel for the 5^th respondent.

3. The dispute raised in this writ petition has to be addressed with reference to the applicability of the provisions of Section 38A of the Act as well as the question as to whether if of the Act applies, the petitioner can seek refuge under Clause 14 in Appendix-B of the Regulations, 1991

4. The provisions of Section 38A of the Act reads as under:-

“38A Water supply to flats and multi-storied buildings :- (1) Notwithstanding any thing contained in this Act, and subject to sub-section (2), the Authority may supply water through cisterns, tanks, sumps, and ground level reservoirs to multi- storied buildings and flat type buildings, subject to terms and conditions as may be provided by regulations.

(2) The supply of water referred to in sub- section(1) shall not be made from a distribution main having diameter 150 mm or less.”

5. From a reading of the above provisions, it is clear that it is only in a situation where the building in question is “multi-storied building” the provisions get attracted. The term “multi-storied building” has been separately defined with reference to the provisions of Section 2(xva) of the Act as under:-

“2(xva) “multistoried building” means buildings in a premise having five or more units or having a total plinth area of five hundred square metres or more used for non – domestic activities with or without any dwelling unit.”

6. A reading of afore definition would show that a building so as to be considered as a “multi-storied” building should be having five or more units or having a total plinth area of fi