THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION Nos.16961 and 19484 of 2010 COMMON ORDER: W.P. No. 16961 of 2010 is filed by one Smt. Irfana Begum, stating that due to leakage in sewerage line of respondent No.3 namely Smt. Kubra Begum, her water pipeline which is connected to the mainline of respondent No.1-HMWSSB, and which passes along with sewerage line of Smt. Kubra Begum, got damaged, and due to the same, she is receiving polluted water. Therefore, she made representation to respondent No.1, to effect repair to her water pipeline. Acting on the said representation, the petitioner states that respondent No.1 granted permission to effect the repair, and when the officials of respondent No.1 came to the spot to effect the repair, respondent No.3 and other residents threatened them, and as a result thereof, the officials of respondent No.1 did not start the work and left the place. Hence, she filed the writ petition seeking directions to respondent Nos. 1 and 2 to effect repairs to her water pipeline. While the above writ petition is pending, one Sri. M.M.A. Baig, stating that the digging of land by Smt. Irfana Begum, is affecting the foundation of their building, and that respondent No. 1 without verifying whether water pipeline really passes, has arbitrarily granted permission to Smt. Irfana Begum, to effect repairs to the pipeline, filed W.P. No. 19484 of 2010. Contending that the impugned digging would also affect the foundation of their building, one Asra kousar filed W.P.M.P.No.27060 of 2010, seeking her impleadment as respondent No.4 in W.P.No.16961 of 2010 and the said W.P.M.P. is allowed. It appears, two other persons also filed implead petitions, seeking their impleadment, but the same were said to have been returned by the Registry on technical grounds. However, they came before the Court and submitted that because of the digging by petitioner in W.P.No.16961 of 2010, the foundation to their building is affected and prayed directions to respondent No.1 to direct the petitioner in W.P.No.16961 of 2010 to stop the digging work. As the dispute involved in both the writ petitions is with regard to digging of land for effecting repair to the pipeline, one contending that it is being legally undertaken and the other contending that such digging is illegal, they are heard together and are being disposed of by this writ petition. Heard the learned counsel for the respective petitioners, the learned Standing Counsel for respondent No.1-HMWSSB, the learned counsel for the impleaded respondent, and also parties-in-person, whose applications for impleadment, were said to have been returned by the Registry on technical grounds. It appears that respondent No.1 granted permission to Smt. Irfana Begum for effecting repair to her pipeline, as the said pipeline got damaged due to leakage in the sewerage line of Smt. Kubra begum. Based on the said permission, when the officials of respondent No.1 appear to have started digging the land, objections were raised. Therefore, Smt. Irfana Begum engaged some workers and started digging the land for effecting repairs to the pipeline, which again was resisted by petitioner in W.P.No.19484 of 2010, the impleaded respondent and other persons who sought to implead themselves as party-respondents. The petitioner in W.P.No.19484 of 2010 and the impleaded respondent and Smt. Kubra Begum contend that respondent No.1 cannot entrust the work of effecting repairs to Smt. Irfana Begum and that respondent No.1 alone has to execute the work. Learned Standing Counsel for respondent No.1 contends for effecting repairs, excavation of land to find out the pipeline is necessary. He further contends that petitioner in W.P.No.19484 of 2010, the impleaded respondent and Smt. Kubra Begum constructed the house by encroaching government land through which the pipeline passes and if survey is conducted, the truth or otherwise of the encroachment would come out. However, the counsel appearing on behalf of the respective parties submitted that instead of permitting Smt. Irfana Begum to undertake the digging of the land by herself, for effecting the repairs to the pipeline, let respondent No.1 and his officials execute the said repair work by themselves. Since it is contended by the unofficial respondents and petitioner in W.P. No. 19484 of 2010 and the implead petitioners and the parties in person that by reason of the impugned digging, their property and the properties of other neighbourers, is getting damaged, the counsel appearing on behalf of the respective parties, agreed to dispose of the writ petitions with the following directions: “The 1st respondent Board is directed to examine the whole issue and ensure that laying of new pipeline/effecting repair to the existing pipeline of Smt. Irfana Begum is done by the Board alone, under the supervision of the General Manager concerned. They shall neither entrust nor permit Smt. Irfana Begum or her agents to undertake the work of digging of the land for effecting repairs to the pipeline. Smt. Irfana Begum and her agents are restrained from undertaking the digging of the land for effecting the repairs to the pipeline by themselves. Respondent No.1, in the process of undertaking the digging of the land, for effecting the repairs to the pipeline, shall take proper care and ensure that the foundations of the buildings of the respondents and petitioner in W.P. No. 19484 of 2010, is not damaged. The 1st respondent shall complete the work expeditiously.” The writ petitions are accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA 25th August, 2010 IBL/KSR