Himachal Pradesh High Court
CWP/2895/2018 on 28 December 2018
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2895 of 2018 Decided on: 28.12.2018 HP Secretariat Employees' Cooperative …Petitioner Housing Society Ltd. Versus Municipal Corporation Shimla and others …Respondents
Coram
The Hon’ble Mr. Justice Surya Kant, Chief Justice. The Hon'ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioner: Mr. Shrawan Dogra, Senior Advocate, with M/s. Bharat Thakur, Deven Khanna and Harsh Kalta, Advocates. For the respondents: Mr. Naresh K. Gupta, Advocate. Surya Kant, Chief Justice. (Oral) The petitioner is a Cooperative Housing Society which has constructed 104 residential apartments. The instant writ petition has been filed by the petitionerSociety questioning the communications/orders passed by Municipal 1 Whether reporters of the local papers may be allowed to see the judgment?
Corporation, Shimla, including, dated 7th September, 2018 (Annexure P22) whereby the petitionerSociety was asked to deposit a sum of 15,13,299/ as an outstanding amount for ₹ the water supply failing which the supply of water was to be disconnected.
2. One of the foremost grievance of the petitioner Society was that despite their repeated demands, the Municipal Corporation was not releasing individual water connections in favour of the flat owners.
3. Learned counsel for the Municipal Corporation, on the previous date, pointed out that the needful in this regard was required to be done by respondent No. 2Shimla Jal Prabandhan Nigam Limited.
4. Be that as it may, the issue now stands resolved as the Managing DirectorcumCEO of respondent No. 2 has filed a status report pointing out, inter alia, that the petitioner Society has deposited in total a sum of 9,89,987/ + ₹ 6,82,187/, for which receipt dated 24 ₹ th December, 2018 has been duly issued. Out of total 104 members of the Society, 96
members are stated to have already submitted their case for individual water connection which are being processed.
5. Learned Senior Counsel for the petitionerSociety states that the remaining members are also likely to apply within a short time.
6. In view of the fact that the arrears towards water charges have already been deposited by the petitionerSociety and their request for individual water connection is under process, the writ petition is disposed of with a direction to respondent No. 2 to release the domestic individual water connection to each flat of the petitionerSociety as early as possible and preferably within two months. Till such time, the present arrangement shall continue.
7. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Surya Kant) Chief Justice
(Ajay Mohan Goel) Judge December 28, 2018 ( rajni )