Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sewerage facilities to the area Claim of petitioner over the land Public Amenity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Chennai Metropolitan Water Supply and Sewerage Act, 1978 (28 of 1978) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Public Amenity – Sewerage facilities to the area – Claim of petitioner over the land on which the proposed sewerage line was sought to be laid – A resolution was passed by the local body to provide sewerage facilities to the area enclosing a list of streets – The petitioner purchased the property in 2011, inclusive of the road over which the proposed sewerage line was sought to be laid – The sewerage main was laid down both upstream and downstream except to the extent of the 110 meters (land of petitioner) – After various rounds of the litigation, the Division Bench of the High Court directed the State Government to choose a better option so as to minimize the damage that could be caused to the petitioner by laying the sewer main and sewer pumping station in the land of the petitioner – PIL filed on behalf of the residents who sought a direction for the completion of the underground drainage work so as to enable them to have the benefit of a sewerage facility – Division Bench of the High Court disposed of the petition by directing the Board to lay the pipelines and complete the underground drainage – On appeal, held: In the absence of an order of stay, the work of laying the sewerage line was completed – The developmental work which was carried out by the Board is in the form of a public amenity to the residents of the area – The title of the petitioner is not free from doubt since it is the subject matter of a civil dispute – Setting aside the impugned order of the Division Bench would give rise to further complications – Ultimately, the claim of the petitioner at the highest would be for the payment of damages – Therefore, petitioner granted liberty to pursue his rights and remedies for establishing a case of compensation and for the award of damages subject to his rights to the land being established in a competent court – Special Leave Petitions disposed of. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 714 |
Petitioner | E. Jeevanandam |
Respondent | N. Koteswara Rao & Ors. |
SCR | [2023] 1 S.C.R. 1099 |
Judgement Date | 2023-01-23 |
Case Number | 27337 |
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