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2012 DIGILAW 528 (PNJ)

SARPREET KAUR v. CHANDIGARH ADMINISTRATION

2012-04-02

MAHESH GROVER, RANJAN GOGOI

body2012
JUDGMENT RANJAN GOGOI, C.J. (Oral) The Civil Miscellaneous application is allowed as prayed for. The principal prayer in this writ petition filed as a Public Interest Litigation is for directions to immediately discontinue the practice of providing unmetered water connections in the States of Punjab and Haryana and Union Territory, Chandigarh. According to the petitioner, the supply of unmetered water independent of actual consumption results in misuse and wastage of water which has become a scarce commodity. Hence the directions prayed for, as noticed above, by way of this Public Interest Litigation. In response to the notice issued by the Court, the Chandigarh Administration had submitted before the Court a written statement to the effect that out of 1,44,444 water connections, 17,560 are unmetered. As already recorded in the earlier order of this Court dated 5.12.2011, an estimate of 227.16 lacs has been approved by the Municipal Corporation, Chandigarh to convert the unmetered connections into metered connections and the work is in progress. In the said order, it has been recorded by the Court that the estimated date for completion of the work is 31.3.2012. We are told by Shri Sanjay Kaushal, learned Senior Standing Counsel, for Union Territory, Chandigarh that the work of conversion is not yet over and a further time of two months may be granted for the said purpose. Taking into account the fact that the work is currently in progress, we are of the view that two months time as prayed for i.e. up to 31.5.2012 should be granted to the Chandigarh Administration to convert all the unmetered water connections into metered connections. Insofar as the State of Haryana is concerned, the Haryana State Urban Water Policy – 2012 framed by the State has been placed before the Court by filing CM 4318 of 2012. The said Policy, inter alia, provides for conversion of all unmetered connections in the State (in urban areas) into metered connections within a period of one year from the date of notification of the Policy. It is stated that the policy document has been sent to the concerned department for notification. The said Policy, inter alia, provides for conversion of all unmetered connections in the State (in urban areas) into metered connections within a period of one year from the date of notification of the Policy. It is stated that the policy document has been sent to the concerned department for notification. Taking into account the number of unmetered connections in the urban areas of the State of Haryana i.e. 4,55,955, we are of the view that the time contemplated in the Policy i.e. one year is reasonable and the State should be allowed to act in terms of the said Policy which will now be published by the concerned department within a period of four weeks from today. Insofar as the rural areas of the State of Haryana are concerned, it is stated by Shri Vinod S. Bhardwaj, learned Additional Advocate General, Haryana that the matter is pending before the Government. While directing early finalisation of the Policy with regard to the rural areas of the State, we would only like to observe that in the order dated 5.12.2011 of this Court, it has already been directed that the State of Haryana shall frame a policy for metered connections so as to avoid wastage of water and also to augment the State's revenues. The said directions, naturally, would apply to both the urban as well as the rural areas of the State. Insofar as the State of Punjab is concerned, an affidavit dated 31.3.2012/2.4.2012 has been filed by the Special Secretary, Government of Punjab, Department of Local Government, to indicate that a Committee of officers has been constituted to visit the six regions of the State and offer their suggestions in the matter after consultations with the concerned Urban Local Bodies. Thereafter, the matter would be put up before the Council of Ministers and a new water policy will take effect as per the decision of the Council of Ministers. The Policy that will be formulated is to apply only to urban areas of the State of Punjab. Thereafter, the matter would be put up before the Council of Ministers and a new water policy will take effect as per the decision of the Council of Ministers. The Policy that will be formulated is to apply only to urban areas of the State of Punjab. With regard to the action taken by the State of Punjab as stated in the affidavit of the Special Secretary, Department of Local Government dated 31.3.2012/2.4.2012, it may be observed that as in the case of the State of Haryana, in the case of the State of Punjab also by the earlier order of the Court dated 5.12.2011 directions have been issued for framing of a policy for metered connections which directions would apply to both urban and rural areas of the State of Punjab. Such Policy was required to be framed within two months of the order dated 5.12.2011. In view of the above, we now direct the State of Punjab to formulate and finalise its policy within a further period of three months from today and thereafter to notify the same. It is made clear that the necessary action in terms of the present order and strict adherence to the time schedule would be maintained by the States of Punjab and Haryana and U.T. Chandigarh Administration. Having dealt with the issues raised in the writ petition in the manner noted above, we are of the view that this writ petition filed as a Public Interest Litigation should be ordered to be closed. Accordingly, this writ petition is closed in the above terms.