Providing Sewerage Connections Is Statutory Duty Of Municipal Council, Consent Of Property Owners Not Required: HP High Court

The Himachal Pradesh High Court held that under Section 141 of the Himachal Pradesh Municipal Act, 1994, it is the duty of the Municipal Council to provide sewerage connections, and it cannot withhold this service merely due to objections from private landowners.Rejecting the contention of Municipal Council, Justice Ajay Mohan Goel held that: “There is no statutory requirement that the Council has to obtain a No Objection Certificate from the person from whose property the sewerage line is to pass. In case, Section 141 of the Act is interpreted as such, then the Municipal Authorities would not be able to provide majority of the residents' sewerage connection and the Section will become otiose.”For reference, according to Section 141 of Himachal Pradesh Municipal Act, 1994: “The municipality may, at any time establish any from any water-main, drain or sewer to any premises, or may by notice require the owner of any such premises to establish any such connection”. The petitioners, residents of a village in Sunder Nagar, Himachal Pradesh, approached the Court for the provision of sewerage connections in the area where they were residing. In response, the Municipal Council submitted that the landowners in the area from whose property the sewer line had to be passed raised objections. The Court ordered the Secretary of the District Legal Services Authority, Mandi to conduct a site inspection. Thereafter, the Secretary proposed two technically feasible alignment routes. Thus, the Court allowed the petition and directed that the sewerage line be laid as per the first alignment route proposed by the DLSA, further stating that laying of the pipeline must ensure minimum damage to private property. Case Name: Sh. Rajinder Kumar Sen & Others v/s State of H.P. & Ors. Case No.: CWP No. 10931 of 2023Date of Decision: 30.07.2025For the Petitioner: Ms. Suchitra Sen, Advocate.For the Respondents: Mr. Pushpinder Jaswal, Additional Advocate General, respondents No.1 to 4. Mr. Nalneesh, Advocate, vice Mr. Mukesh Sharma, Advocate, for respondent No.5. Mr. Narender Guleria, Advocate, for respondents No.7 to 9. Mr. Varun respondent No.10. Rana, Advocate,Click Here To Read/Download Order

Providing Sewerage Connections Is Statutory Duty Of Municipal Council, Consent Of Property Owners Not Required: HP High Court

Mehak Aggarwal

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