Smt Chanda Salariya v. The Chairman Bengaluru Water Supply and Sewerage Board

((((((((((((HC-KAR, NC:(2026:KHC:39508( WP(No.(8857(of(2022( ( ,,,,,,,,,, , CNR:(KAHC010200732022( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(29 (DAY(OF(JULY,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL(

WRIT(PETITION(NO.(8857(OF(2022((GM-BWSSB)(

BETWEEN:(( ( SMT,CHANDA,SALARIYA, W/O,LATE,ASHOK,SALARIYA,, AGED,ABOUT,67,YEARS,

R/AT,KATHA,NO,,82/2,,, NAGAVARAPALYA,MAIN,ROAD, C,V,RAMAN,NAGAR,,WARD,NO.57, BENGALURU,-,560,093.,,, ,

…PETITIONER, , (BY,SRI.,M.U.,NAREN,SHAKTI,SWARUP.,,ADVOCATE,FOR, ,,,,,,SRI.,UMA,SHANKAR,M.N.,,ADVOCATE), (

AND:( (

1., THE,CHAIRMAN,, BENGALURU,,WATER,SUPPLY,, Digitally AND,SEWERAGE,BOARD, signedtiby KAVERI,BHAVAN,,K,G,ROAD, SUMA0B0N BENGALURU,,-560,001.,Location: HIGH0COURT , OF 2., THE,ASSISTANT,EXECUTIVE,ENGINEER, KARNATAKA (SOUTH,AND,EAST),,2,BENGALURU,WATER,, SUPPLY,AND,SEWERAGE,BOARD, THNO,583,,10 ,MAIN,ROAD, TH ND7 ,CROSS,,HAL,2 ,STAGE, INDIRANA,GAR, BENGALURU,,-,560,038., …RESPONDENTS, , (BY,SRI.,MONESH,KUMAR,K,B.,ADVOCATE,FOR,R1,AND,R2), ,

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE PROCEEDINGS OF THE R-2 PASSED BY THE R-2 AND AFTER EXAMINING THE SAME QUASH AND SET ASIDE THE ORDER DATED.16.04.2022 PASSED BY THE R-2 AT ANNEXURE-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

¶1Petitioner claiming to be the owner of a residential property bearing No.82/2, Nagavarapalya, C.V. Raman Nagar, Bangalore-560093, is before this Court, being aggrieved by the communication dated 16.04.2022, produced at Annexure-A, in terms of which, the respondent No.2-Assistant Executive Engineer, BWSSB, has disconnected the water supply on the premise of there being an order passed in W.P.No.65163/2016 indicating violation of building bye-laws by the petitioner in not obtaining the occupancy certificate.

¶2Learned counsel for the petitioner taking this Court through the records, more particularly, the order passed by the Co-ordinate Bench of this Court in W.P.No.65163/2016 and the order passed by the Division

Bench of this Court in W.A.No.2250/2019, submits that the said writ petition and the writ appeal were required to be filed in view of alleged violation of building bye-laws by the petitioner while replacing a leaking roof of the old structure. He submits that the Division Bench of this Court had indeed directed the respondent-Commissioner to exercise the power under Sub-Section (3) of Section 321 of the Karnataka Municipal Corporations Act, 1976 which has not concluded yet. He however submits that the respondent No.2-Assistant Executive Engineer, BWSSB, misreading the facts and circumstances and the orders passed by the Co-ordinate Bench of this Court and the Division Bench of this Court, has prompted himself to issue communication unilaterally and arbitrarily, disconnecting the power without any authority of law. Hence, seeks for allowing of the appeal.

¶3Learned counsel appearing for the respondent-BWSSB submits that the impugned communication has been issued in the light of observation made by this Court in the orders referred to therein. He however fairly submits

that appropriate action, if any, would be taken upon completion of the proceedings as directed by the Division Bench of this Court.

¶4Heard and perused the records.

¶5There is no dispute of the fact that petitioner is in possession of the residential premises referred to hereinabove, photograph of which is also produced at Annexure-K.

¶6The impugned communication dated 16.04.2022 as per Annexure-A refers to an observation made by the Co-ordinate Bench of this Court, which read as under: '' In the circumstances, this Court is of the opinion that till the case is decided by the Karnataka Appellate Tribunal and till the occupancy certificate is obtained by the 2ndrespondent, the respondent nos.3 and 4 shall not provide water and electricity to the 2nd respondent. On the production of occupancy certificate by the 2ndrespondent, respondent Nos.3 and 4 shall provide electricity and water connection to the premises of the 2nd respondent. With the above observation, the writ petition is disposed of''

¶7This by itself would not give any reason, power and authority to the respondent No.2-Assistant Executive

Engineer, BWSSB to on its own to take a drastic measure of disconnecting water and sewage connection.

¶8It is an another question to consider whether the building of this nature requires occupancy certificate in terms of the building bye-laws contemplated under the Act.

¶9Without even application of mind to that requirement of law, a bold adventurous step is being taken by the respondent No.2-Assistant Executive Engineer, BWSSB in threatening to disconnect the water and sewerage connection, which is given to an old residential building, disregard of basic human rights.

¶10In that view of the matter, petition is allowed. Impugned communication dated 16.04.2022, produced at Annexure-A, in terms of which, the respondent No.2-Assistant Executive Engineer, BWSSB.

Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 26