Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 2307/2026
Decided on: 03.03.2026
Bikram Singh Mehta
…Petitioner
Versus
State of H.P. & Ors.
.…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner:
Ms. Suchitra Sen, Advocate.
For the respondents: Mr. Y.P.S. Dhaulta, Additional
Advocate General, for respondents
No.1 to 3.
Mr. Naresh Kumar Advocate for
respondent No.4.
Jyotsna Rewal Dua, J.
Notice is confined to respondents No.1 to 4, which is waived by Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Mr. Naresh Kumar, learned counsel, respectively.
In view of the nature of grievance raised in this writ petition by the petitioner and the order being passed hereinafter, notice of this petition is not required to be served upon respondents No.5 to 7. Reply is also not required from the appearing respondents. The matter has accordingly been heard at this stage.
1 Whether reporters of the local papers may be allowed to see the judgment? yes
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2.
Heard learned counsel for the parties and considered the case.
3. Petitioner’s grievance is essentially against notice dated 14.10.2025 (Annexure P-5) issued by respondent No.4– Municipal Council, Ghumarwin, District Bilaspur under Sections 134 & 141 of the H.P. Municipal Act, 1994. The said notice proceeds on the premise that waste contents from petitioner’s building are flowing onto private land in Ward No.5, Bajoha, District Bilaspur, which, in turn, is creating public nuisance due to the accumulation of filth and wastewater. Treating the said action to be in violation of Sections 134 and 141 of the Municipal Act, 1994, respondent No.4
directed the petitioner to clear the filth and wastewater over the land in question in Ward No.5, Bajoha, with further direction to make arrangements for proper disposal of wastewater from his building, failing which, petitioner’s water and electricity connections were to be disconnected.
4.
Learned counsel for the petitioner pointed out that the petitioner has repeatedly requested the respondents, more particularly respondent No. 4, to provide him a sewerage connection and that he has been facing difficulty due to the unavailability of sewerage connection to his house. Learned counsel invited attention to the reply dated 14.10.2025 (Annexure P-6) furnished by the petitioner to the said notice, wherein a request
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was made for providing a proper sewerage connection to his house in terms of Section 137 of the Himachal Pradesh Municipal Act. The petitioner has also expressed his willingness therein to bear the full cost of installing a sewerage pipeline up to the main sewer line for resolving the issue of disposal of wastewater from his building. The record shows that, pursuant to petitioner’s representation/reply dated 14.10.2025, the Sub Divisional Magistrate, Ghumarwin, District Bilaspur—respondent No. 2 on 28.10.2025 (Annexure P-7),
directed respondent No. 4 to inspect the spot vis-a-vis providing sewerage connection to the area where the petitioner resides.
Further office communication dated 10.11.2025 (Annexure P-7) shows that respondent No. 4 carried out a feasibility study for laying/joining the sewer line to petitioner’s house. The proposed routes were shown in the location plan submitted by respondent No. 4 to respondent No. 2 vide office letter dated
10.11.2025.
Petitioner’s grievance is that, despite subsequent directions issued by respondent No. 2 on 24.01.2026 (Annexure P- 9) to respondent No. 4, no further consequential action for providing sewerage connection to petitioner’s residential house at Kunj Bihari Colony, Ward No. 5, Ghumarwin, has been taken. And despite this, notice has been issued to the petitioner for withdrawal of water and
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electricity connections for his failure to provide proper sewerage disposal for the wastes from his building.
5.
Learned counsel for respondent No. 4 admits the factual and legal position projected for the petitioner. Providing a sewerage connection to the petitioner is an admitted legal responsibility of respondent No. 4. Learned counsel submitted that respondent No. 4 is in the process of providing the sewerage connection to the petitioner and that necessary steps are underway at present for connecting the residential house of the petitioner to the main sewer line. Learned counsel also submitted that, in view of the responsibility and legal obligations cast upon respondent No. 4 to provide a sewerage connection to the house of the petitioner, he is under instructions to state that notices dated Nil April, 2025 (Annexure P-3) and 14.10.2025 (Annexure P-5) issued to the petitioner be treated as withdrawn.
In view of the above, learned counsel for the petitioner submitted that for the time being the petitioner has made arrangements to divert the wastewater of his building to his septic tank, but respondent No. 4 be directed to make earnest efforts to provide a sewerage connection to the house of the petitioner to provide permanent solution to the problem faced by the petitioner as also respondents No.5 to 7.
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In light of the respective stand taken by learned counsel for the parties, this writ petition is disposed of with direction to respondent No. 4 to take all possible steps for providing sewerage connection to the residential house of the petitioner, in accordance with law, as expeditiously as possible, preferably within out limit of four months from today. Till such time, petitioner shall ensure that wastewater from his building is duly taken to the septic tanks stated to be constructed by him. Pending miscellaneous applications, if any, shall also stand disposed of.
Jyotsna Rewal Dua
Judge 3rd March, 2026(rohit)