The Himachal Pradesh High Court held that the statutory duty of providing sewerage connections under Section 141 of the Himachal Pradesh Municipal Act, 1994 cannot be obstructed on the ground that private landowners refuse access to their land. The Court directed the Municipal Council Sundernagar to lay the sewer line through the route identified by the District Legal Services Authority (DLSA), Mandi, and ensure timely connections to the petitioners' homes.
The petitioners, residents of Rashmin village in Ward No. 3 of Sundernagar, had approached the Court seeking sewerage connections, claiming that despite their proximity to areas already connected, their homes remained excluded. They alleged that private landowners, particularly one Gulab Singh and others, were obstructing the installation of pipelines.
The Municipal Council acknowledged its duty but argued that it was unable to proceed without obtaining a No Objection Certificate (NOC) from landowners, whose properties the sewer line would need to cross. Petitioners countered that such objections were delaying essential public infrastructure and were not grounded in any statutory requirement.
Justice Ajay Mohan Goel observed that the Municipal Council's stance reflected either a gross misinterpretation of Section 141 of the Municipal Act or complicity with the obstructing landowners. Clarifying the law, the Court remarked, “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… if Section 141 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.”
The Court also highlighted the constitutional significance of sanitation services, noting that public health is a primary directive under Article 47 of the Constitution.
After a site inspection conducted by the Secretary, DLSA Mandi, the Court found the first proposed alignment route technically feasible and minimally invasive. Most private landowners along this route either raised no objections or had already been proceeded against ex parte. The Court held that any remaining opposition, including by respondent No.10, could not override statutory obligations.
The High Court allowed the writ petition and directed the Municipal Council to lay the sewerage line along the first alignment suggested by the District Legal Services Authority. The Court clarified that there is no statutory requirement to obtain a No Objection Certificate from private landowners, and such objections cannot be a basis to withhold essential services. It held the Council responsible for ensuring compliance and completing the work with minimal disruption to private property.“The petitioners have a statutory right of grant of sewerage connection… denial thereof cannot be justified in law,” the Court stated.
Case Title: Sh. Rajinder Kumar Sen and others vs. State of Himachal Pradesh and others
Case No.: CWP No. 10931 of 2023
Coram: Justice Ajay Mohan Goel
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