Ranchi Regional Development Authority vs Ranchi Municipal Corporation and Others

S.N. Mishra, J.—Heard learned Counsel for the Petitioner and learned Counsel for the Respondents, Municipal Corporation, Ranchi and the Bihar State Electricity Board. In spite of the sufficient opportunities having been given to the Respondents, no counter affidavit has been filed in this writ application. Accordingly, this writ application is being disposed of on the basis of the averments made therein.

The prayer of the Petitioner, in this writ application is set out in paragraph-1, which reads as follows:

That by this writ application, the Petitioner is desirous of issuance of an appropriate writ, order, or direction commanding upon the Respondents to comply with the provisions of Section 53 of the Bihar Regional Development Authority Act, 1981 (Act 40 of 1982) (hereinafter to be referred to as ''the Act'' for the sake of brevity) before providing water connection and electric energy to the houses within the local limits of the Ranchi Regional Development Authority area to enable the Petitioner to identify and restrain the unauthorised constructions within the area falling within the limit of the Petitioner and/or for issuance of any other writ(s)/order/directions(s) for doing conscionable justice to the Petitioner in the facts and circumstances of the case.

In support of this writ application, Mr. Eqbal, learned Counsel submits that constructions in the Ranchi town are being made in a haphazard way in contravention of the various provisions of the Bihar Regional Development Authority Act, 1981 and, yet the Ranchi Municipal Corporation and the Bihar State Electricity Board are providing water connection and electricity to the said unauthorisedly constructed houses ignoring the provisions of this Act as a result of which the sewerage system has almost collapsed in the Ranchi town. In support of his contention, Mr. Eqbal has referred to the provisions of Section 53 of the aforesaid Act, which reads as follow:

Prohibition of water supply and municipal authorities to give water connection to newly constructed buildings. Any agency charged with the duty of supplying water and regarding such other services to buildings, or installations in the development area or the region, should not give water connection or such other services to any newly constructed building in the development area or region or convert to permanent domestic use any occupation already taken unless the application for such connection is accompanied by a certificate from the Authority or the Local Authority empowered to sanction building plan under this Act:

Provided that the temporary water connection for non domestic use may be given if the application is accompanied by a plan sanctioned by the Authority.

It is, thus, apparent that in terms of Section 53 of the Act, it is incumbent upon the Municipal Corporation and other agencies, which include the Bihar State Electricity Board, as well to act in conformity with the provisions aforesaid. It is true that the Bihar State Electricity Board is governed by a Central Act, namely, the Electricity (Supply) Act, 1948, but while giving the connection, the Board is also bound to obey the command of other local laws, such as, the Act quoted above. Accordingly, I direct the Respondents, namely, the Municipal Corporation as well as the Bihar State Electricity Board to act strictly in accordance with the provisions, as quoted above, while giving water and/or electric connections to the applicants. So far as temporary connections of Water and electricity is concerned, the provision has been made in proviso to Section 53 itself, which must be followed by all concern.

This application is, accordingly, allowed to the extent indicated above and it is directed that henceforth, the Respondents shall act in accordance with the provisions of the Act and the rules framed there under while allowing water and/or electric connections.