IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED mxs THE 8"' DAY OF SEPTEMBER %gc:09ttoe%ettt o
BEFORE:
THE HON'BLE MRJUSTICE MOHAN s¥~!Ar¢&*rAANAeéoeooA.Rti'
wan PETITION No.25-iw/uzooa(eM»eawe$s;§) T;
Between :
Venkataswamy H __ .
Aged about 45 years. _ '
R/a Sy.No.1, J.B, ,
Block No.22 &2i3 _. .. t.
Yelahanka Hobli 4- ~
Bangalore North _ ._
Now Corpo'rati.o1i.NeW*::_No.50
7"" Cross, i{ranthi._--Veera _ _ --
Sangolli Rayanna EV/ia:"1';1 Roar; * '
Near Jaimaruthi Na.gar.f-- ' "
Banga1ore~580__O96. . " ..Petitioner
,(_By S; i.%fHéfit1mafi&1a.ppg 'Ii, Adv.,)
W...-._...._..
Assiéta11tV'E:iee__ut§.Ve Engineer
Ketha,mara,:1ai1,ai1i Service Station
V -- BWSSB, I'-V'N"BEock
" ~ .. 2. _ _ Raj ajinagafi, Bangalore 1 0. . Respondent
Gachohinamath, AciV.,]
This Writ Petition is filed under Articles 226 <3: 227 of
the Constitution of India praying to direct the respondent
to give water connection to the petitioner Housev».N0_.50,
Block N'o.22–23, J.B. Kaval, Bangalore in the backgroiind
of an order has been passed by the Chief§__EXee,iitive._" .
Engineer, BWSSB on 29-6-2009 forthwith. v
This Writ Petition coming on ipi*e1ii1'1inaiy«iieparing':
in 'B' group this day, the Court made t1ie..fo11owing : "
_ . .
Petitioner has sought to the
respondent to give ._the petitioner’s
house bearing J.B.Kava.Iu.
Bangalore, passed by Chief
Engineer,”B”»”.tS$i3,;’: vide Annexure–‘H’ to
the Writ petition. . it
‘A.ccording’to the petitioner, he has constructed a
10′ x 15’ in Plot No.50, Biock No.22 5: 23.
No.1 of J .B.Kava1u, Bangalore, and is
‘residing the said house since many years and that
though the house is supplied with the electricity, the
‘-{respondent is not giving water connection to the
‘”upetitioner’s house. He relies upon the direction passed by
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the Chief Engineer as per Annexure–“I-I’ dated 29.6.2009
in support of his case. By the said letter, the Chief
Engineer has permitted to petitioner to get theppvdtdiirater
connection to his house.
The Writ petition is opposed by the_.resp:onder14tg
filing detailed statement of objections,-AiThe_staterne~nt
objections reveal that the petitioner “not the
relevant records such as tax___p’aid-..receipts_,h sanctioned
plan for the construction; the relating to the
property in question etC’.;” -for V g.e’tt_ing connection.
According to the petitioner is neither the
bona fide “o3’_vi1erV”‘ of Adpdthieftproperty nor the authorised
__._occupaint ‘of the”v-property. It is also submitted in the
objections that the petitioner has
nnauthoriseIdIyg’e::h”occupied the property belonging to
‘ ‘I3anga’iore.cDeire1opment Authority and has constructed the
“sii<:edt'niea'suring 10' X 15'. The petitioner has also filed
1 /2004 before the Civii Court against BDA for
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certain reliefs. In the said suit. the BDA has taken up a
specific contention that the property in which the shed is
constructed by the petitioner belonging to it and
property forms part of 4 acres of land beionging A'
3. Regulation 5.1. of Bangalore nu
Regulations, 1965 ciearly reveals onn2.er’,/,occ’nTp~i,er:._
who desires to have supp1y’–v..co’fV.twater. . shalt an it
application for water corinectior’i”to:.:get”water suppiy in the
form prescribed by the Board throiigh.ddPl1;nn’}~,)er’s licence to
the Board. ‘Ifhe’~;a_pplicatiori shailv..be:f’accompanied by
sanctioned etc., In this matter, the
petitioner has”not”f1irnish’edVany document to show that
,_he is iownerndorianthorised occupier of the property in
‘Hguestion, ‘He not furnished the sanctioned plan or tax
paid’.re’ce.ipt”ftop’aIthe respondent. Since the petitioner has
‘failed to that he is not unauthorised occupier i.e.
ehcroacher of the property in question and that, he has
iilegaliy occupied the property beionging to BDA, no
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direction can be issued to the respondent to supply water
to the petitioners premises. Section 32 of Bangalore
Water Supply & Sewerage Act, 1964, H
clear that Water Supply Engineer may? on “=
by the owner or occupier of the building, in
with the Regulations sar1ctionlV__su.pply”of: Water ithvereyto for
domestic consumption and Occupiieryi means
authorised occupier of” “the* _ Under such
circumstances, no”d._irection’ean_”bfgissuedi’ in favour of the
petitioner.
Aceordi1igllyV;.’:t-lien yy1*i::t”‘peti~tion fails and the same is
dismissed.V1_tisV olperiilforiltifie petitioner to furnish relevant
…..recordi3. to’ the xr’e–spo___n_Ad_ent as per Reguiation 5.1 of the
‘W’ater__SuppIy Regulations, for getting the water
supply ‘conriejction.
Sd/~
JUDGE
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