Gujarat High Court
SCA/11564/1994 of AJITSINH G DODIYA Vs VEJALPUR MUNIPALITY on 5 July 1995
Decision: 5th July 1995 SPECIAL CIVIL APPLICATION NO. 11564 of 1994 FOR APPROVAL AND SIGNATURE THE HONOURABLE MR. JUSTICE A.N. DIVECHA 1. Whether Reporters of Local Papers may be allowed to see the judgment? No 2. To be referred to the Reporter or not? No 3. Whether their Lordships wish to see
����Date of Decision: 5th July 1995
SPECIAL CIVIL APPLICATION NO. 11564 of 1994
FOR APPROVAL AND SIGNATURE
THE HONOURABLE MR. JUSTICE A.N. DIVECHA
1. Whether Reporters of Local Papers may be allowed to see the judgment? No
2. To be referred to the Reporter or not? No
3. Whether their Lordships wish to see the fair copy of judgment? No
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder? No
5. Whether it is to be circulated to the Civil Judge? No Shri Mukesh Patel, Advocate, for the Petitioners Kum. H.M. Dave, Advocate, for Shri M.C. Bhatt, Advocate, forRespondent No.1
Rest served
CORAM: A.N. DIVECHA, J.(5th July 1995)
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ORAL JUDGMENT
In this petition under Art. 226 of the Constitution ofIndia the petitioners have voiced two grievances. Their firstgrievance is that though Town Planning Scheme Vejalpur No.1has been finalised, it is not implemented. Their secondgrievance is that they are not given water connection fortheir use within the municipal area of Respondent No.1
Municipality.
2. Respondent No.1 alone has appeared. A reply affidavithas been filed on its behalf. So far as non-implementationof the Town Planning Scheme in question is concerned, it iscontended that it has to be implemented by the AhmedabadUrban Development Authority. So far as the second grievanceof the petitioners regarding non-supply of water connectionin their houses is concerned, the say of respondent No.1Municipality is to the effect that it faces acute shortage offunds and that it could not supply new water connections inview of pendency of one legal proceeding instituted by somepeople obtaining interim injunction against supply of waterconnections to certain residents including the presentpetitioners by respondent No.1 Municipality.
3. It is now an admitted position that the interiminjunction against supply of new water connections to certainresidents within the municipal area of respondent No.1Municipality including the petitioners has come to bevacated. It appears that the matter is not carried further by the losing party. In that view of the matter, noimpediment on that ground exists against supply of waterconnection to the petitioners in their houses.
4. The paucity of funds is no ground for non-supply ofwater connections. It is the say of respondent No.1Municipality in its reply affidavit that a new water tank hasto be constructed in order to provide supply of water to allresidents within its limits. If that be so, construction ofsuch water tank has to be undertaken as expeditiously aspossible. Respondent No.1 Municipality should find out waysand means to augment its resources for performance of itsprimary functions and discharge of its basic duties. Itcannot be gainsaid that supply of water to residents withinits limit is its primary function and basic duty. Noauthority is needed in support of this proposition of law.If the one is needed, a reference deserves to be made to theruling of this court in the case of National Consumer'sProtection Samiti and Anr. v. State of Gujarat and Ors.reported in 1994(2) 35(2) G.L.R. 1043. Sitting as a singleJudge, the aforesaid ruling of this court is binding to me.Even otherwise I am in respectful agreement therewith.
5. It may be noted that the Ahmedabad Urban DevelopmentCommittee is impleaded as respondent No.3 through itsChairman in this proceeding. it is unfortunate that it hasnot chosen to appear through its representative or lawyer.As transpiring from the reply affidavit filed by and onbehalf of respondent No.1, respondent No.3 will be in charge
of implementation of the town planning scheme in question.It cannot shirk from its responsibility in that regard. Notown planning scheme is framed for nothing. The framing of atown planning scheme is not an empty or idle formality. Itis framed for organized development of certain urban areas.Once the concerned town planning scheme is finalised, itbecomes the duty of the concerned authority to take stepstowards its implementation. If no steps in that directionare taken, the concerned authority would be guilty ofdereliction in its duty. In that view of the matter,respondent No.3 deserves to be given direction to take stepsfor implementation of the town planning scheme in question.It may be mentioned at this stage that it is nobody's casethat the concerned town planning scheme has not beenfinalised.
6. In view of my aforesaid discussion, I am of the opinionthat respondent No.1 Municipality should be directed to takeimmediate steps for supply of water connection to thepetitioners and to see to it that water connection issupplied to the petitioners latest by 31st August 1995 bysuitably adjusting the timings of water supply in differentareas from the existing capacity. It may also undertakeconstruction of a new water tank for the purpose ofincrease in supply of water. Respondent No.3 deserves to bedirected to take immediate steps for implementation of TownPlanning Scheme Vejalpur No.1.
7. In the result, this petition is accepted. RespondentsNos. 1 and 3 are directed to act accordingly in the light ofthis judgment of mine. It would be open to the petitionersto produce a certified copy of this judgment beforerespondent No.1 as well as respondent No.3 for theirrespective immediate action in the matter. Rule isaccordingly made absolute with no order as to costs.
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