Give every flat separate water connection: HC

KOCHI: Resolving a major deficiency in apartment ownership, the Kerala high court on Thursday declared that individual flat owners are entitled to separate water connections and held that Kerala Water Authority (KWA) is bound to provide separate connections if the owners demand so.
The ruling was given by Justice V Chitambaresh after considering a total of 16 petitions filed by apartment owners and builders, with the lead case being one filed by Kozhikode-based Hilite Builders Pvt Ltd through advocate C K Karunakaran.
"The applicants for water supply to flats as well as to villas and independent bungalows are to be treated alike by the state and the authority (KWA). Any discrimination between them in the matter of connection for water supply would violate the equality clause enshrined in Article 14 of the Constitution of India," said the judgment.
KWA usually hands out a connection meant for a single house for the entire apartment complex, forcing flat dwellers to buy water at high price from private tanker lorry suppliers.
The court further held that applications for house connections should be given precedence over non-domestic users. The petitioners had complained that new connections were given for non-domestic purposes and bungalows ignoring the applications of individual flat owners.
Citing Kerala Water Supply and Sewerage Act, 1986, and the regulations framed on its basis, the court said: "Disconnection without notice of water supply given from mains for non-domestic purposes is permissible if the water supply to meet the domestic requirements of the consumers is found inadequate. Therefore, the applicants for domestic connection stand at a higher pedestal than the applicants for non-domestic connection even as per the Regulations."
Disposing the petitions, the court ordered KWA to provide individual connections to the flat owners within three months.