Page No.# 1/11 GAHC010130742024 2025:GAU-AS:8709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3326/2024 NABAJYOTI NAGAR KHOWA PANI JUGAN AACHONE PARICHALANA SAMITTEE BAGHARBORI, PANJABARI, GUWAHATI-37, ASSAM, REP. BY SECRETARY NAMELY- ANANTA SAIKIA, AGE ABOUT 64 YRS, S/O- TILOK SAIKIA, R/O- NABAJYOTI NAGAR, BYR LANE-4, H.NO-26, WARD NO-6, P.O- PANJABARI (BAGHARBORI), P.S- SATGAON, GUWAHATI-37, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM, PIN- 781006. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36 3:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI DIVISION NO-1 BAMUNIMAIDAM GUWAHATI-21 4:THE ASSTT. EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT Page No.# 2/11 GUWAHATI SUB DIVISION GUWAHATI-21 KAMRUP (M) ASSAM 5:THE SECTIONAL ENGINEER SITE IN -CHARGE NABAJYOTI NAGAR PWSS PHE GUWAHATI-21 6:THE COMMISSIONER OF POLICE (CENTRAL) ULUBARI GUWAHATI-07 7:THE DEPUTY COMMISSIONER OF POLICE (CENTRAL) ULUBARI GUWAHATI-07 8:THE OFFICER IN CHARGE SDATGAON POLICE STATION GUWAHATI-37 9:HIMU SARMA S/O- LATE JOGYA SARMA R/O- NABAJYOTI NAGAR P.O- BAGHARBARI P.S- SATGAON GUWAHATI-37 DIST- KAMRUP (M) ASSAM 10:KHAIRUL HOQUE SAIKIA R/O-BAGHARBORI NABAJYOTI NAGAR P.O- BAGHARBARI P.S- SATGAON GUWAHATI-37 Page No.# 3/11 DIST- KAMRUP (M) ASSAM 11:MUKUT MONI DAS PRESIDENT NABAJYOTI NAGAR UNNAYAN SAMITY P.O- BAGHARBARI P.S- SATGAON GUWAHATI-37 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. A DEKA, MR. S BORTHAKUR Advocate for the Respondent : SC, P H E, MR. P J SAIKIA, SR. ADV (R9, 10, 11),MR. P BORDOLOI (R9, 10, 11),GA, ASSAM Linked Case : WP(C)/4775/2024 MOON MOON SARMAH DOWERAH W/O- LATE GOPAL DOWERAH R/O- NABAJYOTI NAGAR H.NO-25 P.O- BAGHARBORI P.S- SATGAON GUWAHATI-37 KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 11 ORS Page No.# 4/11 REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DISPUR GUWAHATI-6 2:THE CHIEF ENGINEER PHE WATER ASSAM HENGRABARI GUWAHATI-36 3:THE EXECUTIVE ENGINEER PHE DIVISION NO-1 BAMUNIMAIDAM GUWAHATI-21 4:THE ASSTT. EXECUTIVE ENGINEER PHE GUWAHATI SUB-DIVISION BAMUNIMAIDAM GUWAHATI-21 5:THE SECTIONAL OFFICER SITE IN CHARGE NABAJYOTI NAGAR PWSS PHE GUWAHATI-21 6:COMMISSIONER OF POLICE GUWAHATI CITY DIST- KAMRUP(M) ASSAM 7:DEPUTY COMMISSIONER OF POLICE (CENTRAL) ULUBARI GUWAHATI-07 8:OFFICER IN CHARGE SATGAON POLICE STATION GUWAHATI-37 9:HIMU SARMA S/O- LATE JOGYAPATI SARMA NABAJYOTI NAGAR P.O- BAGHORBARI P.S- SATGAON Page No.# 5/11 GUWAHATI-37 10:KHAIRUL HAQUE SAIKIA S/O- HASER ALI SAIKIA R/O-NABAJYOTI NAGAR H NO-29 P.O-PANJABARI P.S- SATGAON GUWAHATI-37 11:MUKUT MONI DAS S/O- LATE AUROBINDO DAS PRESIDENT NABAJYOTI NAGAR UNNAYAN SAMITI P.O-BAGHARBARI P.S- SATGAON GUWAHATI-37 12:NABAJYOTI NAGAR KHOWA PANI JOGAN ACHONEE PARICHALANA SAMMITTEE BAGHARBARI PANJABARI GUWAHATI-37 ASSAM REP. BY THE SECRETARY ANANTA SAIKIA S/O- LATE TILOK SAIKIA R/O- NABAJYOTI NAGAR BYE LANE NO-4 H.NO-26 WARD NO-60 P.O- PANJABARI (BAGHORBORI) P.S- SATGAON GUWAHATI-37 DIST- KAMRUP (M) ASSAM Page No.# 6/11 ------------ Advocate for : MR N SARMA Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 11 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 26.06.2025 1. Heard Mr. A Deka, learned counsel for the petitioner in WP(C) 3326/2024 and Mr. N Sarma, learned counsel for the petitioner in WP(C) 4775/2024. Also heard Mr. BJ Talukdar, learned Senior counsel for the respondent Nos. 6,7 and 8, Mr. P Bordoloi, learned counsel for the respondent Nos. 9 to 11 and Mr. I Borthakur, learned counsel for the respondent Nos. 1,2 and 3. WP(C) 3326/2024 2. By this petition under Article 226 of Constitution of India, the petitioner is seeking inter alia directions to the respondent Nos. 1 to 5 to hand over the key of the Piped Water Supply Scheme, Nabajyoti Nagar, Panjabari, Guwahati to the petitioners’ society and also direct the respondents to restore the disconnected water supply connection of the consumers under the petitioner’s society. 3. Mr. A. Deka, learned counsel for the petitioner submits that on 06.03.2023 as per recommendation by the Hon’ble MLA, Dispur, LAC and Chief Engineer (PHE) Water Assam Hengrabari, Nabajyoti Nagar Khowa Pani Jugan Aachone Parichalana Samittee was handed over to the petitioner for operating and maintenance under the Nabajyoiti Nagar Piped Water Supply Scheme. He further submits that Page No.# 7/11 thereafter the petitioner has been supplying water to almost 160 to 170 consumers of concerned locality. He further submits that on 15.06.2024 one Nabajyoti Nagar Khowa Pani Jugan Aachone Parichalana Samittee, authority of which is under challenge in the present petition, informed the petitioner that there is monthly fees from April, 2023 to June, 2024 due and as such unless the aforesaid payment of arrear is clear, the supply of water shall be disconnected. Pursuant to the aforesaid notice on 23.06.2024, the water supply has been disconnected. He further submits that the above payment of water supply is not due as the aforesaid payment has already been paid receipt of which is enclosed as Annexure-12 to the writ petition. 4. Taking note of such contention and also taking note of the fact that since payment appears to have been paid by the consumers, disconnection of water which is a utility service may not be justified, accordingly, as an interim measure, this Court directed the respondent Nos. 1 to 5 to restore the subject water connection in the premises of the aforesaid consumers forthwith. WP(C) 4775/2024 5. The basic grievance of the petitioner is that the water supply connection to the premises of the petitioner has been disconnected by the respondent Nos. 9, 10 and 11. It is the case of the petitioner that the petitioner had deposited the required fee for water supply connection before the respondent No. 12 Society and accordingly the respondent No. 12 Society had provided water supply connection. However, at the behest of the respondent Nos. 9, 10 and 11, the said water supply has been disconnected. Page No.# 8/11 6. From the aforesaid fact, it is clear that there is a dispute as regards authority of the committee i.e. whether the committee headed by the respondent Nos. 9, 10 and 11 in WP(C) No.4775/2024 or the committee, who has filed writ petition WP(C) 3326/2024 is legally authorized to run the management. 7. The water supply project has been constructed by investing public money by an instrumentality of a State i.e. Public Health Engineering Department and for smooth running of such scheme, a committee has been formed. Therefore, the dispute between the members of two committees cannot be a ground for any water supply disconnection. It is seen that the petitioner in WP(C) No.4775/2024 herein has recognized the respondent No. 12 to be the actual committee and at the same time the respondent No. 12 had filed WP(C) 3326/2024 praying that the project be handed over to them. On the other hand, the respondent Nos. 9, 10 and 11 in WP(C) No.4775/2024 claim that they are still managing the affairs of the society. 8. It is submitted by Mr. I Borthakur, learned standing counsel for the PHED that already a new committee has been constituted by the consumer under the aforesaid area i.e. Nabajyoti Nagar, Panjabari, Guwahati and the resolution taken in the meeting of the consumers dated 15.05.2025, was forwarded to the District Commissioner on 16.05.2025 for approval as per scheme of Nabajyoti Nagar Khowa Pani Jugan Aachone. 9. The Government of Assam by the Notification under No. PDA.193/2021/7 dated 09.02.2022, notified an advisory for prioritizing Page No.# 9/11 activities to be undertaken by the Gaon Panchayats, Anchalik Panchayat and Zilla Parishad under Tied Grant of 15th Finance Commission, which includes supply of drinking water, rainwater harvesting and water recycling. In the aforesaid Notification dated 09.02.2022, more particularly, in Clause A(iv), the formation of Water Users Committee (WUC) is prescribed and the same is to be taken up in a general meeting involving all the users within the command area of the scheme. In terms of the aforesaid Notification, for effective monitoring and concurrent evaluation, a District Level Supervisory Committee is mandated with the following members:- (i) Guardian Minister of the District as Chairperson, (ii) Deputy Commissioner of the District as Vice Chairman, (iii) CEO, Zilla Parishad as Member Secretary, (iv) Chairperson, Zilla Parishad as Member, (v) ADC (Education) as Member (vi) ADC (JJM, SDO/JJM) as Member (vii) Inspector of Schools as Member (viii) DEEO as Member (ix) District Social Welfare Officer as Member (x) Executive Engineer, PHED as Member (xi) Executive Engineer, ZP as Member (xii) Two Social Activities as Member 10. Subsequently, such Notification was amended by an Addendum issued by the Government of Assam under No. PDA.193/2021/pt/5 dated 02.07.2022, which prescribes that the General Body Meeting for formation of WUC/dissolution shall be Page No.# 10/11 convened by the Gaon Panchayat (GP) Secretary. The aforesaid Addendum also prescribes the structure of the Executive Committee of WUC, which is as follows:- (i) President No.1 (ii) Vice President No.1 (iii) General Secretary No.1 (iv) Treasurer No.1 (v) GP President, concerned Ward member, PHED Sectional Officer and an eminent person can also be special invitees/General Members. 11. It is submitted that such scheme is also implemented in urban areas. Under the aforesaid Addendum, it is mandated that the Executive Committee of WUC is to be held once in a month, however, entire Addendum is silent as regards any dispute of validity of formation of such committee or dissolution thereof and/or illegal allegation against the committee. 12. In view of the aforesaid backdrop, such dispute, more particularly, that has been raised in the present petition, cannot be a subject matter of writ proceeding, therefore, taking note of the scheme in its entirety, this Court is of the opinion that as there has already a monitoring and concurrent evaluation committee at the District Level is in place, it will be in the interest of justice, such dispute is resolved by the aforesaid committee. In view of the aforesaid, the present writ petition stands disposed of relegating the petitioner to approach the jurisdictional District Monitoring and Evaluation Committee, Nagaon District to take note of the grievance of Page No.# 11/11 the petitioners and resolve the same. 13. Accordingly, both the writ petitions stand disposed of with a liberty to the competent authority to proceed in accordance with law. The authority may also consider giving approval of the newly constituted committee, as stated by Mr. Borthakur, learned counsel for the PHE. The water supply connection shall not be disturbed to any of the consumers, subject to payment of charges as per the terms of the scheme. JUDGE Comparing Assistant