The petitioner sought a water connection for her kiosk. The DDA and Delhi Jal Board reported that connection is feasible but requires the petitioner to bear restoration charges and submit an estimated sum to the DDA.
The petitioner is directed to deposit Rs. 8,08,503/- with the DDA within four weeks to proceed with the water connection.
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MANJU TIWARI .....Petitioner Through: Ms. Ankita Tiwari, Mr. Abhishek Tiwari, Mr. Anuj Gupta and Ms, Pragya Gupta, Advocates.
versus
DELHI JAL BOARD (DJB) & ORS. .....Respondents Through: Mr. G.S. Oberoi, ASC DDA and Mr. J.S. Oberoi, Advocate. Mr. Anuj P. Agarwala and Mr. Prakash Jha, Advocates for DJB.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 16.12.2024
“4. That during inspection, it was found that nearest feasible point for providing water connection at kiosk number K1 allotted to (Mrs. Manju. Devi) is located 158 m from the kiosk, at the internal peripheral road near petrol pump on August Kranti Marg at Bhikaji Cama Place, District center. It is submitted that the main water line of Delhi Jal Board is also located at this location. A Copy of joint site
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W.P.(C) 15905/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/12/2024 at 11:46:53
inspection report is annexed hereto and marked as Annexure-A.
5. That the connection from the main line will pass beneath the granite flooring of the upper Plaza, common area in the vicinity of the stormwater drain. That both DDA and Delhi Jal board found this location suitable for facilitating the water connection. It is pertinent to mention here that all the excavation or construction work had to be done with caution as existing stormwater drain is not damaged or blocked during the laying of the water pipeline.
6. It is humbly submitted that laying of service connection from Delhi Jal board line to the kiosk is the responsibility of the petitioner. It is further submitted that the petitioner has to bear the charges for restoration of granite flooring and other pavements at his individual capacity.
7. It is pertinent to mention here that the restoration charges amounting to Rs. 8,08,503 from the pipeline route area must be deposited by the petitioner to the present respondent DDA. That the above said charges will not be refundable. A copy of estimate for restoration of pipeline route area is annexed hereto and marked as Annexure-B.
8. That permission for laying the pipeline will only be granted to the petitioner after the tendering process for the restoration work of the affected area has been completed. This step is necessary to ensure that no inconvenience is caused to commuters visiting the district center, as the restoration work will be carried out by the DDA through the tendering process.”
[“DJB”] are willing to lay the water pipeline to provide a water connection to the subject kiosk, subject to the petitioner bearing the charges for restoration of the granite flooring and pavements, which would have to be broken for the pipeline to be laid. Learned counsel for DDA and DJB state that the pipeline is being laid only because of the petitioner’s request, and the entire work would, thus, be undertaken at the petitioner’s instance.
Page 2 of 3
W.P.(C) 15905/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/12/2024 at 11:46:53
a pipeline is to be laid for providing water to a particular location, the consumer is required to bear the costs. He also points out that the subject kiosk has never had a water connection, and even when the petitioner purchased it in the year 2023, there was no independent water connection at the premises.
PRATEEK JALAN, J
DECEMBER 16, 2024 SS/JM/
Page 3 of 3
W.P.(C) 15905/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/12/2024 at 11:46:53
2 issues framed by the court
Whether the petitioner must bear the cost of laying the water pipeline and restoring the pavement.
What conditions must the petitioner fulfill to obtain the water connection.
1 provisions across 1 enactments
Manju Tiwari
Delhi Jal Board
Delhi Development Authority
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
