2025:HHC:32476 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7230 of 2024 Decided on: 18.09.2025 Shri Kameshwar Ram Sharma … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Ms. Suchitra Sen, Advocate. For the respondent : Mr. Pushpinder Jaswal, Additional Advocate General, for respondents No.1 to 3. Mr. Rajesh Kashyap, Advocate, for respondent No.4. Mr. Anirudh Sharma, Advocate, for respondent No.5. Mr. Varun Rana, Advocate, for respondent No.6. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “i) That a writ in the nature of mandamus may kindly be issued, directing the respondents to provide sewerage connection to the house of the petitioner who is resident of Village Pungh, House No. 221/3, Tehsil Sundernagar, District Mandi (H.P.) strictly in accordance with the relevant provisions of section 137 and 141 of the Himachal Pradesh Municipal Act, 1994, as discussed in relevant paras of the writ petition and justice be done. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:32476 (ii) To grant to the petitioner such other consequential reliefs which the Hon'ble Court may deem fit, just and proper in facts and circumstances of the matter.” 2. In light of the fact that a similar case already stands decided by this Court in terms of judgment 10931 of 2023, titled Rajinder Kumar Vs. State of H.P. & Ors., this petition is disposed of by observing that the directions passed therein with regard to the performance of the duty of the Statutory Authorities be read as having been passed in this petition. Relevant portion of CWP No.10931 of 2023 is quoted hereinbelow:- “14. 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 inter alia 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. 15. It is, but, in furtherance of the improvement of public health that sewerage connections are being provided nationwide. 16. Section 141 of the Municipal Act, 1994 reads as under:- “141. Sewerage connection:-[(1) The municipality may, at any time establish any connection or communication from any water- main, drain or sewer to any premises, or may be notice require the owner of any such premises to establish any such connection or communication in such manner and within 3 2025:HHC:32476 such times as the municipality, by notice in that behalf, may prescribe, at the cost of such owner or occupier. (2) Notwithstanding anything contained in sub-Section(1), it shall be the duty of the house owner or occupant of any premises to connect his latrines, urinals and septic tank, a the case may be, with sewerage line where sewerage system has been provided by the municipality, at his own expenses, by getting sewerage connection from the municipality 17. Proviso after sub-section 2, thus, clearly provides that where sewerage line is passing through other person’s land, 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, whichever is feasible. 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. 18. In this backdrop, as 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 4 2025:HHC:32476 duty bound to provide the sewerage connection to the petitioners by following said statutory mandate. 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. 19. In the light of the fact that Secretary District Legal Services Authority, Mandi has visited the site and has suggested proposals as to how best sewerage connection can be provided to the petitioners, to which respondents No.7 and 9 also submitted their no objection, the objection in said regard being raised by respondent No.10 in terms of the reply filed by the said respondent is not sustainable in law. The objection being taken by the said respondent is being discarded by the Court not for any other reason, but in the light of the inspection report submitted by Secretary District Legal Services Authority Mandi, relevant portion whereof is quoted hereinbelow:- “In compliance of order dated 02-06-2025 passed by the Hon'ble High Court of Himachal Pradesh in CWP No. 10931 of 2023 titled as Rajinder Kumar and other Vs. State of H.P. and Ors., I visited ward no.3, village Rashmin, Tehsil Sundernagar District Mandi, H.P. on 17.06.2025 for spot inspection of the area under consideration for laying of the sewerage line Prior intimation in this regard was given to the parties through their counsel. The parties including petitioners, concerned authorities (SDM Sh. Amar Singh Negi, Xen I&PH Sh. Rajat Garg, SDO I&PH Sh. Dinesh Rana, Executive Officer, Municipal Council Sundernagar Sh. Lalit Kumar) and private respondents as well 5 2025:HHC:32476 as some other inhabitants of the area were also present at the spot. I inspected the area in the presence of the petitioners as well as the private respondents and the authorities concerned to determine the best way in which sewerage lines can be laid. After thorough inspection and discussion with technical expert Sh. Rajat Garg, Xen I &PH, two alignment routes considering all technical aspects were found feasible for laying of sewerage pipes. The first alignment route (depicted in orange in annexure A-1) is divided into two parts. One part connects the houses of majority of the petitioners (including petitioner Rajinder Kumar) to the existing manhole whereas the other part connects the houses of remaining petitioners to other already existing manhole. The sewerage line connecting the houses of majority of petitioners shall be laid down through the fields of the said petitioners which then shall pass through the fields of one Gulab Singh (respondent No. 6) and respondents no.7 to 9, ultimately connecting to the existing manhole. The pipeline will pass mainly through the land of the petitioners and only a small portion thereof is to be laid through the field of Gulab and respondents Kripal Singh etc. The Xen 1 &PH disclosed that only the area adjacent to the Beed of the aforesaid fields will be utilized for the laying of the sewerage pipes. Gulab Singh (respondent no.6) and his brother Rajeev Kumar (who also claims himself to be co-owner of the aforementioned land) were also present at the spot but they refused to provide their land for laying down of the sewerage lines. The other part of the first alignment route (also depicted in orange in annexure A-1) shall connect the house of the remaining petitioners to the other existing main hole. The said pipe line shall be laid through the fields of some of the petitioners and other inhabitants. Only the beed of the fields and a nullah existing at the 6 2025:HHC:32476 spot would be used for laying down of the sewerage pipe However, it was told that there also one of the owners of the identified fields namely Pawan Kumar is creating hindrance as he has refused to provide his land for laying down of sewerage line. So far as the second alignment route (depicted in yellow in Annexure A-1) is concerned, the sewerage pipe shall be laid through the land/house of petitioner Neeraj and the same shall pass through a number of fields (including fields of respondents no.7 to 9) ultimately connecting to other existing manhole. This single route will connect the houses of all the petitioners with sewerage system. Although the sewerage pipe will also be laid through the beed of the identified fields, however, there are quite a number of trees on the said beed and as such some actual portion (approximately 3 feet width) of the fields needs to be utilized for the said purpose. Further the sewerage pipe will need to be lowered (in order to give it a downward slope), for which purpose it needs to be passed through the center of some fields(including fields of respondents no.7 to 9). The respondents No.7 to 9 raised strong objection against the same claiming that approximately 150-200 meters of their land would be rendered useless if the sewerage pipe is laid through this route. This claim of respondents no 7 to 9 was also not refuted by the Xen I&PH. Some of the owners of the identified fields were also present at the spot and they all refused to give their field/land for laying down of sewerage pipeline. Xen I&PH and other officials of the municipal corporation also stated that most of the owners of the fields identified for this alignment route are not willing to provide their land for laying of sewerage line. In further compliance of directions of the Hon'ble High Court, I alongwith SDO I&PH Sh. Dinesh Rana, and Executive Officer, Municipal 7 2025:HHC:32476 Council Sundernagar Sh. Lalit Kumar also visited Pungh (Near NH-21, Bridge). Post Office and Tehsil Sundernagar, District Mandi (H.P.) on 17.06.2025 for spot inspection of the area under consideration for laying of the sewerage line of petitioner (CWP No.7230 of 2024) Kameshwar Ram Sharma. Upon inspection, one alignment route considering all technical aspects was found viable for laying of sewerage line for connecting petitioner's house with sewerage. The sewerage pipeline is to be laid through the back of petitioner's house which shall then pass through the backyard of the houses of Sh. Pran Nath Sharma and Smt. Yogmaya respectively (as shown in annexure A-2) whereafter it shall be connected with the existing manhole. No major inconvenience will be caused to the owners of either of the aforesaid houses as only a small portion of their premises is to be utilized for laying of pipeline. The Executive officer, Municipal Council Sundernagar, however disclosed that Smt. Yogmaya is against the laying of sewerage pipe through her premises. Report is humbly submitted for Your Lordship's kind perusal and consideration, please.” 20. As already mentioned hereinabove, respondents No.7 to 9 have already stated in the Court that they have no objection, in case, the sewerage line is laid down in terms of the first proposal. Respondent No.8 despite service did not chose to oppose the petition and he was proceeded against ex parte. 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 8 2025:HHC:32476 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. 21. Accordingly, this petition is allowed by directing the respondent authorities/council to provide sewerage connections to the petitioners by laying down the sewerage pipe line in terms of the first alignment route suggested in the inspection report submitted by Secretary DLSA, Mandi. It is emphasized that in the course of the laying down of the said sewerage line, it be ensured that minimum damage is caused to the property of the private respondents and the beed of the fields and Nalah existing at the spot be used for laying down of the sewerage line as has been suggested by Secretary DLSA.” 3. The Authorities shall ensure that sewerage connection is granted to the petitioner and other similarly situated persons, but with minimal damage to the property of any private individual including the private respondents. Needful be done as expeditiously as possible. It goes without saying that the pipeline shall be laid down by the Authorities in a manner which is technically sound and feasible. Pending miscellaneous application(s), if any also stand disposed of accordingly. 9 2025:HHC:32476 (Ajay Mohan Goel) Judge September 1 8 , 2025 (Rishi)