Case Note & Summary
The petitioner, Dr. Winston Dias, a medical practitioner and owner of a property in Mapusa, Goa, challenged the constitutional validity of Sections 94A and 94B of the Goa, Daman and Diu Public Health Act, 1985 (as amended by the Goa Public Health Amendment Act, 2002) and the Guidelines dated 22.11.2004. He also sought to quash an order dated 13.03.2007 passed by the Chief Executive Officer of Mapusa Municipal Council directing release of a water connection to house no. 114, which was occupied by respondent no. 5 (Vishwas Shivram Shirodkar), a tenant of the petitioner. The petitioner and his wife were owners of the property, and the petitioner had leased part of the residential house to respondent no. 5. An eviction petition was pending before the Rent Controller. Respondent no. 5 had also filed a civil suit for injunction regarding access. The petitioner argued that the provisions and the order violated his right to property under Article 300A and equality under Article 14 of the Constitution. The court considered whether the provisions were ultra vires. The court held that the provisions were reasonable restrictions in the interest of public health and sanitation, and did not violate Articles 14 or 300A. The right to property under Article 300A is subject to reasonable restrictions imposed by law. The impugned order was validly passed to ensure water supply to the tenant's premises to prevent health hazards. The petition was dismissed.
Headnote
A) Constitutional Law - Ultra Vires Challenge - Articles 14 and 300A of Constitution of India - Sections 94A and 94B of Goa, Daman and Diu Public Health Act, 1985 - Challenge to provisions empowering municipal authorities to direct water connection to tenant's premises despite landlord's objection - Court held that provisions are reasonable restrictions in public interest and do not violate right to property or equality - Held that right to property under Article 300A is subject to reasonable restrictions imposed by law in public interest (Paras 1-10).
B) Public Health - Water Supply - Sections 94A and 94B of Goa, Daman and Diu Public Health Act, 1985 - Guidelines dated 22.11.2004 - Provisions enable municipal council to order water connection to a house occupied by tenant to prevent health hazards - Court held that such provisions are for public health and sanitation and are valid - Held that the impugned order dated 13.03.2007 directing release of water connection to respondent no. 5 was validly passed (Paras 1-10).
Issue of Consideration
Whether Sections 94A and 94B of the Goa, Daman and Diu Public Health Act, 1985, as amended by the Goa Public Health Amendment Act, 2002, and the Guidelines dated 22.11.2004 are unconstitutional and ultra vires Articles 14 and 300A of the Constitution of India.
Final Decision
The petition is dismissed. The impugned provisions and order are held to be valid and intra vires the Constitution.
Law Points
- Constitutional validity of statutory provisions
- Right to property
- Public health and water supply
- Ultra vires challenge
- Articles 14 and 300A of Constitution of India
- Sections 94A and 94B of Goa
- Daman and Diu Public Health Act
- 1985
Case Details
Writ Petition No. 192 of 2008
Mr. J.P. Mulgaonkar for petitioner, Ms. Neha Khalkar and Mr. Nikhil Pai, AGA for respondents 1 to 3, Mr. S.D. Padiya for respondent no.4
State of Goa through Chief Secretary, Chief Engineer Public Works Department, Assistant Engineer Sub-Division III WD/73 (PHE-N) Water Works Department PWD Mapusa Goa, Chief Officer Mapusa Municipal Council Mapusa Goa, Shri Vishwas Shivram Shirodkar
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Nature of Litigation
Writ petition challenging constitutional validity of statutory provisions and an administrative order directing water connection to tenant's premises.
Remedy Sought
Declaration that Sections 94A and 94B of the Goa, Daman and Diu Public Health Act, 1985 and Guidelines dated 22.11.2004 are unconstitutional and ultra vires Articles 14 and 300A of the Constitution of India; writ of certiorari quashing order dated 13.03.2007 directing release of water connection to respondent no. 5.
Filing Reason
Petitioner, owner of property, objected to water connection being granted to his tenant (respondent no. 5) by municipal council under the impugned provisions, claiming violation of his right to property and equality.
Previous Decisions
Eviction petition filed by petitioner against respondent no. 5 pending before Rent Controller; Regular Civil Suit No. 218/90/C filed by respondent no. 5 for injunction pending in Civil Court.
Issues
Whether Sections 94A and 94B of the Goa, Daman and Diu Public Health Act, 1985 and the Guidelines dated 22.11.2004 are ultra vires Articles 14 and 300A of the Constitution of India.
Whether the order dated 13.03.2007 directing water connection to respondent no. 5 is valid.
Submissions/Arguments
Petitioner argued that the provisions and order violate his right to property under Article 300A and equality under Article 14.
Respondents argued that the provisions are for public health and are reasonable restrictions.
Ratio Decidendi
The right to property under Article 300A is subject to reasonable restrictions imposed by law in public interest. Sections 94A and 94B of the Goa, Daman and Diu Public Health Act, 1985 are reasonable restrictions for public health and sanitation and do not violate Articles 14 or 300A.
Judgment Excerpts
Petitioner is praying for declaration that the provisions of section 94A and 94B contained in Chapter X-A of the Goa, Daman and Diu Public Health Act, 1985, amended by Goa Public Health Amendment Act, 2002 and the Guidelines in the office memorandum dated 22.11.2004 prescribing procedure for the purpose of carrying out instructions/order in Chapter X-A to be unconstitutional, null and void and be struck down as ultra vires the Articles 14 and 300 A of the Constitution of India.
Petitioner contends that he and his wife are lawful owners of immovable property surveyed under Chalta No. 1 of P.T. Sheet no. 38 in the city survey of Mapusa situate at Zambulcalim of the Caraswaddo ward of the Mapusa city.
Procedural History
Petitioner filed Writ Petition No. 192 of 2008 in the High Court of Judicature at Bombay, Bench at Goa, challenging constitutional validity of Sections 94A and 94B of the Goa, Daman and Diu Public Health Act, 1985 and Guidelines dated 22.11.2004, and seeking quashing of order dated 13.03.2007 passed by Chief Executive Officer, Mapusa Municipal Council. The petition was heard and decided on 18.12.2014.
Acts & Sections
- Goa, Daman and Diu Public Health Act, 1985: 94A, 94B
- Constitution of India: 14, 300A
- Goa Public Health Amendment Act, 2002:
- Goa Building (Lease, Rent and Eviction) Control Act, 1968:
