HP High Court orders immediate Sewerage for Sundernagar village, says landowner consent not required
Photo used for indicative purpose only. Source internet
Shimla, Aug 6,
A judgement reinforcing the supremacy of public health obligations over private landowner objections, the Himachal Pradesh High Court has ordered immediate sewerage connections for Rashmin village residents in Sundernagar. Justice Ajay Mohan Goel, in a decisive ruling on July 30, directed the Sundernagar Municipal Council to implement sewer lines within weeks, affirming that essential civic services like sanitation cannot be denied due to individual resistance.
The Court ruled that the municipal body must act under Section 141 of the Himachal Pradesh Municipal Act, 1994, which mandates municipalities to ensure proper sewerage infrastructure. Dismissing the need for No-Objection Certificates from landowners, the Court held that the duty to maintain public health standards is constitutionally backed and cannot be circumvented. It invoked Article 47 of the Constitution, highlighting the state’s obligation to improve public health and sanitation standards. Justice Goel categorically stated that the refusal of a few cannot override the collective rights of a community.
This ruling comes after a two-year legal struggle initiated in 2023 by residents of Ward 3 in Rashmin village, who approached the Court alleging discrimination. While surrounding localities were connected to the sewerage network, these residents continued to depend on septic tanks. The Municipal Council had repeatedly claimed that landowners Gulab Singh and Rajeev Kumar had denied permission for pipeline installation through their agricultural plots, blocking the extension of sewer lines.
However, a judicial inspection conducted earlier this year revealed serious lapses in the Council’s approach. By March 2025, the Court had observed that officials had either willfully misinterpreted the law or were complicit in the obstruction. Seeking a resolution, the Court asked the District Legal Services Authority (DLSA) to conduct a site inspection and consult stakeholders. In June 2025, the DLSA proposed two possible routes for the sewer lines. The first route, which runs along field boundaries and existing drains—minimizing land damage—emerged as the most feasible and was supported by most stakeholders. The second, more invasive option, involved large-scale land acquisition and disruption of agricultural activity.
Adopting the first alignment, the Court dismissed objections raised by Rajeev Kumar, who had been added as Respondent 10 in the matter. Justice Goel held that such objections were legally untenable and against the larger public interest. The Court reiterated that municipalities are empowered under Section 141 to carry out infrastructure work essential for public health without requiring landowner consent. It also referenced a recent judgment delivered on August 5, which further reinforced that the statutory mandate under Section 141 overrides any private opposition.
With this ruling, over 20 households in Rashmin village are set to receive long-overdue sewer connections, ending their dependence on outdated and environmentally risky septic systems. The Court ordered the Sundernagar Municipal Council to execute the work strictly in accordance with the DLSA’s Route 1 plan and warned that any delay or defiance of the directive could invite contempt proceedings under Article 215 of the Constitution.
This judgment is not just a victory for Rashmin’s residents but also sets a powerful precedent reaffirming that access to basic civic amenities cannot be held hostage to individual interests when the law and Constitution clearly prioritize the public good.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.