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SCA/1579620/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15796 of 2008
=========================================================
KAMLABEN
KANTILAL SHAH THROUGHPOA PRESH KANTILAL SHAH - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for Petitioner(s) : 1,
NOTICE
SERVED for Respondent(s) : 1,
MR SUDHANSHU S PATEL for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 20/03/2009
ORAL
ORDER
The petitioner has filed
this petition under Article 226 of the Constitution of India seeking
direction to the respondent Corporation to supply the petitioner
basic amenities like sewerage, potable water connection and water
connection, street light, street cleaning etc, upon payment of
reasonable requisite fees. The petitioner has also prayed for the
direction to the respondents to withdraw the bills for the amenities
which have not been at all provided by the respondents until after
the same are provided.
Heard Mr.Paresh Kantilal
Shah, Power of Attorney Holder of the petitioner and Mr.Sudhanshu
Patel, learned advocate appearing for the Corporation. The
grievance of the petitioner is that the respondent Corporation has
not been providing any facilities to the petitioner despite several
representations were made and hence appropriate direction be issued
to the Municipal Corporation. In response to the present petition on
behalf of the Corporation an affidavit-in-reply is filed on
11.2.2009. All the grievances raised by the petitioner in the
present petition have been dealt with in the affidavit-in-reply. So
far as drainage connection is concerned, it is stated in the
affidavit-in-reply that the petitioner’s tenament in the society is
on lower level and the drainage connection provided to the society
is on the higher level. Unless and until proper levelling is done it
is not possible for the respondent Corporation to connect the
drainage line. It is also stated that there is dispute between the
petitioner and the society members. Hence, unless and until the
petitioner gets levelling of his tenament it is very difficult for
the Corporation to connect the said line with the drainage
connection provided by the Corporation. So far as water connection
is concerned, it appears that the grievance raised by the petitioner
seems to be quite justified. He has made several representations
and reply was given by the respondent Corporation on 12.8.2008,
wherein it is stated that the petitioner should make application
to the Engineering Department. However, the petitioner is not
supposed to move from pillar to post. In that view of the matter,
the respondent Corporation is hereby directed to consider the
petitioner’s representation and provide necessary water connection
on payment of requisite fees and after deciding the said
representation in accordance with law. If any formalities are to be
observed by the petitioner the respondent Corporation should
intimate to the petitioner and on fulfillment of such formalities,
the water connection be provided to the petitioner. The prayer
regarding withdrawal of the tax bill cannot be entertained in this
petition. If there is any grievance against the outstanding tax
dues an adequate remedy is provided under the B.P.M.C.Act and the
petitioner is permitted to avail that remedy.
Subject to the aforesaid
directions, this petition is accordingly disposed off.
(K.
A. PUJ, J.)
kks
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