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Judgment
Subrata Talukdar, J
Party/Parties is/are represented in the order of their name/names as printed above in the cause title.
The short issue raised in this writ petition is water supply to the premises of the petitioner numbered as 7/1B/1, Sunny Park, Kolkata-700019.
The petitioners, represented by Mr. Manjit Singh, Learned Counsel, have applied for water supply connection to their premises as numbered above and the Respondents/Kolkata Municipal Corporation (KMC) have taken steps pursuant to formalities completed by the petitioners to nominate/appoint the personnel responsible for executing the water connection from the KMC Mains to the subject premises.
Mr. S. N. Mookherjee, Learned Senior Counsel appearing for the Respondent No. 4, a registered company responsible for overall management of the premises in issue, excepting the premises of the petitioner being 7/1B/1 (supra), submits that the petitioners may be permitted to draw the water connection through pipes from the KMC Mains.
However, Mr. S. N. Mookherjee further submits, that the pipes to be laid through the common area of the entire premises comprising 7/1A, 7/1B and 7/1B/1 should be laid in a manner so as to prevent any water seepage to the adjoining premises being 7/1A and 7/1B.
Mr. S. N. Mookherjee also submits that after the water pipes are laid through the common area, the common area be restored to its original condition so as not to affect both the beautification and the structural aspects of the adjoining premises being 7/1A and 7/1B.
Mr. S. N. Mookherjee further points out that work of laying the pipes from the KMC Mains should be done at the cost of the petitioners and should be strictly routed through the common area of the three premises, i.e. 7/1A, 7/1B and 7/1B/1 leaving space for ingress and egress to all.
Mr. Biswajit Mukherjee, Learned Counsel, appears for the Respondents/KMC and submits that the Respondents/KMC have taken steps in terms of the municipal law to effect water supply to the premises of the petitioners and further action to draw the supply from the KMC Mains requires to be performed at the level of the petitioners under supervision of the nominated/appointed personnel (read plumber) of the KMC.
Having heard the parties and considering the materials placed, this Court finds no reason not to accept the submissions of Mr. S. N. Mookherjee, Learned Senior Counsel appearing for the Respondent No. 4 specifying the conditions which the petitioners are required to follow for laying the pipes from the KMC Mains.
Accordingly, the conditions specified on behalf of the Respondent No. 4 are treated to be part of this order and the petitioners are directed to act accordingly upon prior notice to the Respondent No. 4 while drawing their water connection from the KMC Mains through the common area.
On behalf of the Respondent No. 5, (since deceased) and substituted by his legal heirs by order of this Court dated 26th July, 2019, no Affidavit-in-Opposition is filed.
Accordingly, the stand of the legal heirs, the added Respondent Nos. 6 and 7, is hit by the Doctrine of Non-Traverse. Thus the added Respondent Nos. 6 and 7 shall also abide by the terms of this order.
W.P. 13276 (W) of 2018 stands accordingly disposed of.
Leave is granted to the petitioners to amend the cause- title.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.