((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.592 OF 2007 WITH CHAMBER SUMMONS NO.224 OF 2008 Bakshish Abdul Gafoor Qureshi Petitioner versus The M.C.G.B. and another Respondents Mr.Bapoo M. Malcolm for petitioner. Miss Sonali Manwar for respondent no.1. Mr.A.M.Rajabally for Applicant in CHS 224/2008 CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 16th October 2008 PC : 1. Respondent no.2 has expired. Considering the relief sought, in our opinion, presence of respondent no.2 is not required as respondent no.2 is not a necessary party. 2. It is the case of the petitioner that the existing pipeline to Flat No.2, Ground Floor of B/22, Gafoor Mahal TPS-IV, Third Turner Road, Banera (W), Mumbai-400 050 has been corroded and consequently he has applied to respondent no.1 Corporation for replacing the same. On behalf of the Corporation, we note that, a ((-2-)) statement was made before this Court, as noted in the order dated 9th August 2007 that it is ready to replace the pipeline within their limit, however, they are not doing so because of the objection taken by one of the co-owners. 3. One Rohini Mohammad Ashraf Qureshi and two others have taken out Chamber Summons No.224 of 2008 praying that the petitioner be directed to amend the petition and substitute them as respondent nos.2-A, 2-B and 2-C respectively and they be allowed to intervene in this petition. We have heard learned counsel for the intervenors. 4. In our opinion, the issue is very limited as to the replacement of pipeline supplying water to Flat No.2, Ground Floor of B/22, Gafoor Mahal TPS-IV, Third Turner Road, Bandra (W), Mumbai-400 050. The building admittedly is old. The right to clean drinking water is a part of right to life as now understood. In these circumstances, we do not see why a relief as prayed for should not be granted. At the highest all that can be done is that we can appoint a Commissioner to see that the work is done only of replacing the pipeline in dispute ((-3-)) without affecting the rights of any other parties. 5. In the light of above, following order :- (a) The respondent no.1 Corporation to permit the petitioner to replace the existing pipeline of half inch by new pipeline of half inch; (b) The Corporation to grant permission accordingly on the petitioner applying with all requirements at the earliest; (c) The pipeline will only connect Flat No.2, Ground Floor of B/22, Gafoor Mahal TPS-IV, Third Turner Road, Bandra (W), Mumbai-400 050; (d) The work will be carried out by a Commissioner. The Registrar (O.S.) / Prothonotary and Senior Master of this Court to appoint a Commissioner; (e) The costs of Commissioner is fixed at Rs.1,500/- to be paid by the petitioner; (f) The costs of Commissioner be deposited by the petitioner with the Registrar (O.S.)/ ((-4-)) Prothonotary and Senior Master of this Court; (g) Chamber Summons No.224 of 2008 is disposed of in view of this order; (h) Rule is made absolute accordingly in above terms. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) ((-5-)) ms t IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.330 OF 2007 IN WRIT PETITION NO.592 OF 2007 Bakshish Abdul Gafoor Qureshi Petitioner versus The M.C.G.B. and another Respondents Mr.Bapoo M. Malcolm for petitioner. Miss Sonali Manwar for respondent no.1. Mr.A.M.Rajabally for Applicant in CHS 224/2008 CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 16th October 2008 PC : 1. When the matter is called out none present for the applicant. Chamber Summons dismissed for non prosecution. (F.I.REBELLO, J.) (A.A.KUMBHAKONI, J.)