Unable to get new water connection
I am Smt. Moon moon Chakraborty resides at Behala in my mother Late Namita Chatterjee's( deceased on 26/12/1989) house since from 1990 when I was 27 year old and married. Currenlty there are 6 co-owners of this house including myself and I am the occupant of this house and paying all the taxes from my pocket only.Now when I am applying for water connection before KMC-Behala,they are telling, according to The Kolkata Municipal Corporation ACT, 1980, without mutation it is not possible to give connection to the occupant in any case.The other co owners are not willing to do the mutation for not giving me the convenience of water supply as I am unwilling to give this house for promoting in their conditions.
Please advice the way out of getting water supply in my name without mutation.
Asked in Property Law from Kolkata, West Bengal
1) Mutation is recording of name of owner of property in revenue records
2) as per official website of KmC mutation does not take more than 7 days
3) if you want water connection in your name get property mutated in name of legal heirs
4) you won't get water connection in your name if house is not in your name as co owner
As I have already mentioned the core problem of not getting the mutation done because the co-owner's are not willing to do this just for the sake of my convenience as they are trying to give this house for promoting under their conditions which is practically not acceptable.Where I am the occupant and I pay the property tax to both KMC and the State Govt,where the electricity bill / Tax challans is in my name then is that You meant to say that there is no possibility of getting water supply connection?
Asked 2 years ago
Getting water supply connection is the basic right for the amenities. It cannot be denied by any authority on some flimsy grounds. You have not stated that whether there existed any connection earlier to this situation or how about the other tenants draw water without water supply connection?
You should first apply for water supply connection with the authorities concerned in writing, get it rejected and based on that you may file a civil suit for mandatory injunction against the authority restraining them from passing such orders which are detrimental to the basic needs of the life a human being and the denial of water supply connection will deprive your rights for basic amenities.
The result of this suit will clear the deck, you may include the owners also as party because it was due to their in-fights that this suit has come up, so let them compensate the costs for this suit.
The KMC is wrong in withholding the water connection for not mutating the names. The water connection can be given in the name of the person who is still registered as property holder in the register of KMC.
File a writ petition in high court to get relief.
Thank You Sirs for Your valuable positive reply.Just to add that currently there is no water connection in my house.I fetch water manually from roadside tap.I have already given letters twice stating my problem and prayer for water connection to the following officials but did not get any reply from them till date:
1> To Water Superintendent -KMC
2> To Assessor Collector -KMC
3> To Asst Commissioner of Police
4>To Officer in Charge -Parnasree Police Station ( Local PS )
Sir,I need the water connection ASAP as I am a patient of spondylosis /High blood Pressure/Thyroid under regular medications.Specially one of the co-owner is threatening me to withdraw my appeal for water and show my willingness for promoting or else he with his wife will implicate my family in number of false cases as to him he has connection/influence over police and political persons.
Pls help me out in this regard.
Asked 2 years ago
Your case has got good merit. As I advised you file a writ petition in high court. You will get justice in no time. You may contact me if you need my assistance in this regard of filing writ petition in high court, Calcutta.
You should not mingle your water connection issue with other local problems. If the other problems are the reasons for this non-supply of water then you can think of alternative solution to solve the other issues amicably. This legal battle will take ugly turns resulting into making the living atmosphere into a dire situation. Every moment and minute will pass through under a fearful situation. Constant fears in the living condition will cause distress and mental strain will result into acute mental ailments.
You may follow the legal way by filing a civil suit, drag them to court and get it settled or look for amicable settlement without involving law.
1)in your original query it was not mentioned that house does not have water connection ,. The presumption was that if house was standing in name of mother in law then water connection would have been in her name
2) if you dont have any water connection in the house in such a case issue legal notice to KMC for issue of water connection on the grounds that you are occupant of the house and dont have any water connection and have to fetch water from roadside tap
2) file an RTI application to obtain in writing reasons for refusal of KMC
3?) rely upon your medical reports and file writ petition in high court to direct KMC to issue you water connection
1) if you are being threatened by co occupants record the threats
2) record police complaint under section 506 of IPC for criminal intimidation against those who threaten you
1) i n Subhash Kumar vs. State of Bihar [1991 (1) SCC 598], the Supreme Court held that the right to life which is a fundamental right under Article 21 of Constitution of India includes the right to enjoyment of water.
2) The same view was taken by the Supreme Court in State of Karnataka vs. State of Andhra Pradesh (Allmati's case) [2000 (9) SCC 572]. In Narmada Bacho Andolan vs. Union of India_[2000 (10) SCC 664], while reiterating that water is the basic need for survival of human beings and is part of the right to life and human rights as enshrined in Article 21 of the Constitution Supreme Court observed that all people have the right to have access to drinking water in quantum and of a quality equal to their basic needs. It is thus a settled legal proposition that every citizen has a fundamental right to have adequate water for drinking purposes and the State is under constitutional obligation to ensure supply of drinking water to them.
1. As one of the co-owners you are at liberty to apply for mutation for yourself even if the other co-owners are not willing to mutate their names. For mutation to be sanctioned it is not necessary that all the co-owners must file a joint application for mutation.
2. After the sanction of mutation you cannot be refused water connection. If water connection is refused even after mutation in your favour you can move to court to legally compel KMC to
allot you the water connection.
1. You should apply individually for mutation in spite of the fact that the other co-owners are not ready to mutate.
2. You will be at liberty to sue KMC if it does not give water connection after sanction of mutation.
1. The KMC will not give water connection unless you submit the mutation certificate in your name alongwith your application,
2. The simple way to get the property or part of the property mutated in your name is to get get the property partitioned and get your share of the property mutated in your name,
3. File a partition suit immediately.
1. You might be paying the taxes for the entire house property but that does not make you the sole owner of the house to mutate the property in your name,
2. The mutation will be done in the name of all the 6 co-owners of the house,
3. Since others are not willing to stay in that house and are not willing to sign the water connection application, you have no other alternative but to get your share of the property in your name and apply get your name mutated for that portition of the property,
4. Now, with the mutatation certificate issued in your name, you can apply for and get the water connection.
1. You shall have to deal with the threat of false cases seperately and fittingly,
2. You can also file a writ petition before the High Court against the inaction of the KMC in giving water connection detailing your problem and praying for a direction upon the KMC to give water connection to you based on the documents evidencing your valid title on the property alongwith other co-owners.