The Himachal Pradesh High Court at Shimla has directed the Municipal Council, Sundernagar, to provide sewerage connections to residents of Village Rashmin, Ward No.3, in District Mandi. The case was filed by Rajinder Kumar Sen and others, who have been living in the area for over 60 years but have not been connected to the existing sewerage network, despite being only 100–150 meters away from it.
The petitioners sought a writ of mandamus under the Himachal Pradesh Town and Country Planning Act, 1977, and the Himachal Pradesh Municipal Act, 1994, requesting immediate connection to the sewerage system. The Court noted that providing sewerage connections is a statutory duty of the Municipal Council under Section 141 of the 1994 Act.
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The dispute arose because the proposed sewerage line needed to pass through land owned by certain individuals, including Gulab Singh and Rajeev Kumar, who refused permission. The Court clarified that “there is no statutory requirement to obtain a No Objection Certificate from the landowner if the sewerage line passes through their property, as long as it is laid along boundaries or setbacks as per law.”
During the proceedings, the Secretary of the District Legal Services Authority (DLSA), Mandi, inspected the site and proposed two possible routes. The Court found the first route most feasible, as it would primarily pass through the petitioners’ land and only a small portion of the objectors’ fields. Respondents No.7 to 9 raised no objection, while Respondent No.10’s opposition was rejected as being contrary to Section 141 of the Act.
The Court emphasized that providing sewerage connections is essential for public health, referring to Article 47 of the Constitution, which directs the State to improve living standards and public health. It stated:
“The petitioners have a statutory right to sewerage connections, and denial in this case is not justified in law.”
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In its final order dated July 30, 2025, Justice Ajay Mohan Goel directed the Municipal Council to lay the sewerage pipeline as per the first alignment suggested in the DLSA’s report. The Council must ensure minimal damage to private property and use existing field boundaries and nullahs wherever possible.
Case Title: Sh. Rajinder Kumar Sen & Others v/s State of H.P. & Ors.
Case No.: CWP No. 10931 of 2023
