Residents Have Statutory Right Of Grant Of Sewerage Connection; No Requirement To Seek Consent Of Land Owner: Himachal Pradesh High Court

Tulip Kanth

6 Aug 2025 12:00 PM IST

The Petitioner had approached the Himachal Pradesh High Court seeking a direction to the respondent Authorities to provide sewerage connections to the houses of the residents of a village.

The Himachal Pradesh High Court has referred to Section 141 of the Municipal Act, 1994 and held that the residents have a statutory right of grant of sewerage connection. The High Court also held that for the purpose of laying down the sewerage line, which has to pass through other person’s land, there is no requirement in law for the Council to seek the consent of said land owner.

The Petitioner had approached the High Court seeking a direction to the respondent Authorities to provide sewerage connections to the houses of the residents of village Rashmin in accordance with the relevant provisions of the Himachal Pradesh Town and Country Planning Act, 1977 and the Himachal Pradesh Municipal Act, 1994.

The Single Bench of Justice Ajay Mohan Goel stated, “Respondent No.10, who is co-owner alongwith other private respondents, cannot be allowed to oppose the laying down of the sewerage line, which is being proposed to be laid down in terms of the proviso to Section 141 of the Act. The opposition on behalf of respondent No.10 in fact violates Section 141 and said respondent cannot be permitted to violate statutory provisions by not allowing the Council to perform its statutory provisions. The petitioners have a statutory right of grant of sewerage connection and in terms of the report of Secretary DLSA as the same is feasible denial thereof to the petitioner cannot be justified in law.”

The Bench also said, “Therefore, one thing is evident that for the purpose of laying down the sewerage line, which has to pass through other person’s land, there is no requirement in law for the Council to seek the consent of said land owner. All that the Council has to ensure is that the sewerage connection shall be connected to the sewerage line through the boundary lines of such land or where the building has been constructed, the line shall be laid through the setbacks of such building.”

Advocate Suchitra Sen represented the Petitioner, while Additional Advocate General Pushpinder Jaswal represented the Respondent.

Factual Background

The case as presented by the petitioners was that they have been residing with their families for over 60 years within the domain of the Municipal Council, Sundernagar. As per the petitioners, the area where they are residing has all necessary public services and conveniences except sewerage connections. According to them, Municipal Council Sundernagar had already provided sewerage connections to the dwellings of the residents of village Rashmin, from where the houses of the petitioners are hardly at a distance of 100-150 meters. Despite this fact, the houses of the petitioners had not been connected with the sewerage line, which had forced them to approach the Court.

Reasoning

The Bench, at the outset, highlighted the fact that Article 47 of the Constitution, which is part of Chapter IV of the Constitution, dealing with the Directive Principles of State Policy provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. “It is, but, in furtherance of the improvement of public health that sewerage connections are being provided nationwide”, it said.

Referring to Section 141 of the Municipal Act, 1994, the Bench held that it is the statutory duty of the Council to provide sewerage connection and if property of another land owner is involved, then, as a mechanism has been provided in the Act itself as to how the sewerage line has to be laid, the Council is duty bound to provide the sewerage connection to the petitioners by following said statutory mandate. As per the Bench, the private land owners have no right to object to the same, provided the Council provides the sewerage connection in terms of the provisions of this Section.

The Bench thus allowed the Petition by directing the respondent authorities/council to provide sewerage connections to the petitioners by laying down the sewerage pipeline in terms of the first alignment route suggested in the inspection report submitted by Secretary DLSA, Mandi.

Cause Title: Rajinder Kumar Sen v. State of Himachal Pradesh (Case No.: CWP No. 10931 of 2023)

Appearance

Petitioner: Advocate Suchitra Sen

Respondent: Additional Advocate General Pushpinder Jaswal, Advocates Nalneesh, Mukesh Sharma, Narender Guleria, Varun Rana

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Tulip Kanth

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.