Karnataka High Court
Amaresh S/O Irappa Nagoor And Anr vs The State Of Karnataka And Ors on 13 April, 2023
Bench: Jyoti Mulimanipresided Byjmj
-1-
WP No. 203047 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 203047 OF 2022 (LB-RES)
BETWEEN:
1. AMARESH S/O IRAPPA NAGOOR,
AGED ABOUT 65 YEARS,
OCC: RETD. ENGINEER,
IRRIGATION DEPT.,
R/O H.NO.19, KC NAGAR,
NEAR MUGALKHOD MATH,
SHOLAPUR ROAD,
VIJAYAPUR - 586 103.
2. HANAMANT S/O REVAPPA UTAGI,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O MATRU KRUPA, KC NAGAR,
SOLAPUR ROAD,
VIJAYAPURA - 586 103.
Digitally signed ...PETITIONERS
by B NAGAVENI (BY SRI.D.P.AMBEKAR., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
VIJAYAPURA - 586 101.
3. THE COMMISSIONER,
CITY MUNICIPAL CORPORATION,
VIJAYAPURA - 586 101.
-2-
WP No. 203047 of 2022
4. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
VIJAYAPURA DIVISION,
VIJAYPURA - 586 101.
...RESPONDENTS
(BY SRI.SHIVAKUMAR R.TENGLI., AGA FOR R1, R2 & R4;
SRI.VEERSHETTY M., ADVOCATE FOR
SRI.AMRESH S.ROJA., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
"DECENCY AND DIGNITY ARE NON-
NEGOTIABLE FACETS OF HUMAN RIGHTS AND
ARE A FIRST CHARGE ON LOCAL SELF-
GOVERNING BODIES".
- JUSTICE KRISHNA IYER.
Sri.D.P.Ambekar., learned counsel for the petitioners,
Sri.Shivakumar R.Tengli., learned AGA for respondents 1, 2
& 4 and Sri.Veershetty.M., learned counsel on behalf of
Sri.Amresh S.Roja., for respondent No.3 have appeared in
person.
2. The brief facts are these:
WP No. 203047 of 2022
The first petitioner is the owner of the house bearing
H.No.19 and the second petitioner is the owner of the house
on Plot No.20 both situated in Sy.No.58/D of K.C. Nagar,
Sholapur Road, Vijayapura. The petitioners purchased the
said plots under the registered sale deeds dated 17.07.1989
and 24.02.1997 respectively. It is said that their names are
entered in the land records and also in the Record of Rights.
It is stated that the first petitioner constructed his
house after obtaining all necessary permission. It is said that
Plot No.19 is abutting the northern side of Plot No.20 and
Vijayapura-Solapur Road runs North-South along the Eastern
boundary of both plots. There is no underground drainage
connection to both houses till today, as the drainage is
situated across the road on the other side. It is said that
there is also a culvert slightly on the southern side through
which drain water is discharged from the western side of the
Solapur Road to the eastern side. However, the size of the
gutter on the eastern side of Solapur Road across the houses
of the petitioners is insufficient and requires to be expanded
in size. In this background, the petitioners made a request to
WP No. 203047 of 2022
Corporation to provide a drainage connection to their houses
and to expand the size of the gutter across the road. But,
the Corporation did not heed the request of the petitioners.
Hence, the first petitioner was constrained to submit
representations on 15.03.2022, 27.04.2022, and 16.09.2022
to the Corporation. It is said that no action is taken so far.
Under these circumstances, the petitioners having left
with no other alternative and efficacious remedy, have filed
this Writ Petition under Article 226 of the Constitution of
India.
3. Learned counsel for the petitioners and the
respondents have urged several contentions.
Counsel Sri.D.P.Ambekar., in presenting his arguments
submits that inaction on the part of the third respondent in
not providing an underground drainage connection to the
houses of the petitioners is illegal and contrary to the law.
He argued by saying that it is the duty of the Corporation to
provide adequate drainage connection to the houses of the
citizens and the same is covered under Article 21 of the
WP No. 203047 of 2022
Constitution of India as the right to hygienic and clean living
is part of the right to life.
Learned counsel drew the attention of the Court in
Municipal Council, Ratlam, vs. Vardhichand and others
reported in AIR 1980 SC 1622, to contend that Justice
Krishna Iyer way back in the year 1980 in the said decision
has observed and held as under.
"A responsible Municipal council constituted
for the precise purpose of preserving public
health and providing better finances cannot run
away from its principal duty by pleading financial
inability. Decency and dignity are non-negotiable
facets of human rights and are a first charge on
local self-governing bodies. Similarly, providing
drainage systems not pompous and attractive,
but in working condition and sufficient to meet
the needs of the people cannot be evaded if the
municipality is to justify its existence".
Learned counsel, therefore, submits that inaction on
the part of the Municipal corporation in not providing an
underground drainage connection to the houses of the
petitioners is unsustainable. Hence, he submitted that a
WP No. 203047 of 2022
direction may be issued to the Municipal Corporation to
provide an underground drainage connection to the houses
of the petitioners situated at Plots Nos.19 and 20.
4. Heard the contentions urged on behalf of the
respective parties and perused the Writ papers and also the
Annexures with utmost care.
The facts have been sufficiently stated and the same
does not require reiteration.
The petitioners are the owners of Plots Nos.19 and 20.
The main grievance of the petitioners is that there is no
underground drainage connection to their houses.
The main argument in the present case revolves
around the responsibility of the Municipal authorities in
providing basic amenities like drainage, roads, electricity
etc.,
It is well known that the underground drainage system is
a must for a healthy environment and proper disposal of
sewage from human society. The two basic essential amenities
WP No. 203047 of 2022
for healthy living are a safe water supply and hygienic
sanitation facilities.
I have perused the judgment of Justice Late. Krishna
Iyer. As rightly pointed out by His Lordship Justice, the basic
amenities and decency and dignity are non-negotiable facets
of human rights. Furthermore, providing an underground
drainage connection is a basic necessity. It is not in dispute
that the petitioners have made several representations, but
the Municipal Corporation has just given the go-by to the
same for the best reasons known to it. The inaction on the
part of the Corporation is untenable. I may venture to say
that if this is not getting noticed nothing will.
Therefore, this Court deems it proper to direct the
Corporation to provide an underground drainage connection
to the petitioners houses.
Resultantly, the City Municipal Corporation, Vijayapura
- third respondent is directed to provide an underground
drainage connection to the houses of the petitioners i.e.,
Plots Nos.19 and 20 both situated in Sy.No.58/D situated at
WP No. 203047 of 2022
K.C.Nagar, Sholapur Road, Vijayapura, within four months
from the date of receipt of a certified copy of this order. The
Corporation is also directed to examine the grievance of the
petitioners insofar as widening the rainwater drainage
system existing in front of their houses.
With these observations, the Writ Petition is disposed
of.
Sd/-
JUDGE
NB
