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2012 DIGILAW 140 (HP)

residents of village Nagni v. State of Himachal Pradesh

2012-03-28

RAJIV SHARMA

body2012
JUDGMENT : Rajiv Sharma, J. The present petition has been filed in the representative capacity for the restoration of public tap provided near Surya Filling Station, Nagni. According to the averments contained in the petition, the same was installed in the month of November, 2008, but the water supply was stopped in the month of December, 2008. Petitioners have made several representations for the restoration of water supply, but till date nothing has been done. 2. Case of the respondent-State is that public tap was being misused by the residents of the area, more particularly, owner of the Petrol Pump. It is stated in the reply that a private commercial connection has been sanctioned in favour of the petitioner in the year 2008, but no steps were taken for its installation. The Department surveyed the area and found that there is gross misuse of water for commercial purpose. However, taking into consideration the genuine demand of the area, a public tap has been provided near a temple which is at a distance of only 125 meters from the present spot. In order to see whether there are residential houses, Dhabas and shops around the filling station, Sub Divisional Magistrate, Palampur was directed on 11.10.2011 to visit the spot and file report. The Sub Divisional Magistrate, Palampur has given the report. According to his report, within radius of 500 meters of Surya Filling Station Nagni, there are two dhabas, one shop of grocery, one shop of junk dealer, three residential rooms, two khokhas, two vacant shops, one stone crusher and four vacant rooms for residential purpose of workers of stone crusher, one residential tapri (tin shed) and one temple. 13 persons were working permanently and 12 persons were residing in the residential tapri. A public tap has been provided for the residents of tapri. Stone crusher, as per the report, is not functioning due to expiry of mining lease. Only one Chowkidar was residing presently, though it has come in the report that there are four rooms for the workers. Case of the respondent-State is that the present petition is not in a public interest and the endeavour of the owner of Surya Filling Station is to use the public tap for commercial purpose. Sh. Dhani Rm Jaryal has filed his affidavit. Case of the respondent-State is that the present petition is not in a public interest and the endeavour of the owner of Surya Filling Station is to use the public tap for commercial purpose. Sh. Dhani Rm Jaryal has filed his affidavit. He has sworn in that he is not owner of Surya Filling Station, Nagni but his daughter Gunjan Thakur is the owner of the petrol pump. Thus, it is evident that though the petition is styled as public interest litigation, but the same is for espousing the private cause. In order to provide water to Ms/ Surya Filling Station, a commercial connection was sanctioned vide letter dated 22.10.2008. No steps have been taken by the owner of the Surya Filling Station, Nagni to install commercial water connection. The water is also a resource. The Court appreciate the steps taken by the State Government to stop the gross misuse of the water supply for commercial purposes. The need of the area has been met by the State by providing a public tap in temple, at a distance of 125 meters from Surya Filling Station. Mr. Rajinder Dogra, learned Addl. Advocate General on the basis of averments contained in the reply has submitted that the water pipes were also damaged in the widening of road during the year 2009-2010. 6. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the writ petition and the same is dismissed. There shall, however, be no order as to costs.