Essential services: India
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Judicial judgements
Remarks on basic amenities: Madras HC, Bombay HC
February 5, 2022: The Times of India
Chennai: Electricity and water supply are indeed an essential service for people, but certainly not so for those who violate approved building plans, the Madras high court has said, reports Sureshkumar K.
“The court may feel that disconnection of electricity may hinder not only the violators, but also the family members. In such an event, the authorities/court must ensure that while passing interim/final orders in the application, the electricity charges, property tax, water and sewage charges must be five times to the violators, till such time the violation is set right, and the building is rectified in terms of the plan,” said a division bench on Friday. “It (electricity) has got to be fixed at the premium rate till the illegal building is brought back in accordance with the plan,” the court added.
This apart, officials must make a periodical surprise inspection to violated places to check about electricity theft. If exorbitant rates are foisted, it will affect the monthly budget of the violators and they will think twice to violate, as the charges are recurring one, the judges said.
They added that courts must be slow in granting relief, much less interim relief in cases where violators approach the court. The bench passed the order while dismissing a plea moved by B Kanchana, a Chennai resident, seeking direction to the authorities to regularise her residential building, which was constructed in violation of the approved building plan. We’ll unleash hell, HC warns BMC on denial of water to society Mumbai: Observing that water supply is an essential service and warning it of contempt proceedings, the Bombay high court on Friday directed the BMC to provide a potable water connection to a rehabilitation building in Kurla (West) by 6pm on Friday, reports Rosy Sequeira. Following the HC’s directions, a BMC rushed its team to the spot to restore water supply.
“When it comes to (denial of ) water, we’ll unleash hell,” said a bench of Justices Gautam Patel and Madhav Jamdar on a petition by10 occupants of Navbharat SRA co-operative housing society. They sought restoration of water supply which the BMC had disconnected in November 2021. Their petition said the Slum Rehabilitation Authority issued an occupation certificate in March 2021 to developer M/s Grace Mass Housing Corporation’s claim of authorised water connection. But the connection was illegal and supply was therefore disconnected.
On Thursday, the developer’s advocate Cherag Balsara said the developer had used water from a borewell. Despite paying all charges, the BMC was not providing drinking water to the rehab building, he added. BMC’s advocate Sagar Patil said the developer must get an NOC from the assessment department showing payment of arrears of property tax. Balsara showed the BMC’s 2018 circular that water connection will not be withheld on account of arrears of property tax in case of a rehab building. The judges said BMC must reconnect the water supply.
