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Jharkhand High Court · body

2013 DIGILAW 1317 (JHR)

Basti Vikas Samiti v. State of Jharkhand

2013-12-03

AMITAV K.GUPTA, R.BANUMATHI

body2013
ORDER These writ petitions have been filed on behalf of 86 Bastis (Villages) to provide them the civic amenities including water, decent environment, electricity to the people living in the Basti on the land forming part of the Schedule-V of the lease deed dated 01.08.1985 executed in between the State Government and the Tata Steel Limited Company in relation to the town of Jamshedpur. 2. We have heard learned senior counsel for the petitioner and learned senior counsel for respondent nos. 5 and 6 and also the learned counsel for the State. 3. As per the renewed Indenture of Lease dated 20.08.2005, the 5th and 6th respondents are under obligation to provide the essential civic amenities including supply of electricity and water in JUSCO and also in the surrounding villages within the lease holding area forming part of Schedule-V of the lease deed dated 01.08.1985. 4. In paragraph 15 and onwards, in the counter affidavit filed by 5th and 6th respondents, the respondents have expressed their readiness to perform the obligations as per the renewed Indenture of Lease dated 20.08.2005 and also to provide electricity and water supply. The only impediment expressed by 5th and 6th respondents is the order passed by this Court in a Public Interest Litigation being W.P.(PIL) No. 1076 of 2011 dated 7.3.2011, wherein the Court had issued a direction to disconnect the electricity and water supply to the illegal constructions/encroachments which are to be in such encroached areas. 5. Learned senior counsel for the 5th and 6th respondents submitted that even though the 5th and 6th respondents are ready to perform their obligations as per terms of the renewed Indenture of Lease dated 20.08.2005 unless and until the order passed by this court in W.P.(PIL) No. 1076 of 2011 is clarified, the 5th and 6th respondents may have to face the contempt proceeding. 6. In W.P.(PIL) No 1076 of 2011, the order was issued to the concerned authorities “that water and electric connections of such buildings, which are illegal, should immediately be disconnected/discontinued”. The order passed in W.P.(PIL) No 1076 of 2011 pertains to only illegal construction or the construction done in the encroached areas. 7. Learned senior counsel appearing for the petitioner submitted that W.P. (PIL) No. 3596 of 2013 has been filed only on behalf of residents of 86 Bastis, who are suffering without electricity supply and water connections. The order passed in W.P.(PIL) No 1076 of 2011 pertains to only illegal construction or the construction done in the encroached areas. 7. Learned senior counsel appearing for the petitioner submitted that W.P. (PIL) No. 3596 of 2013 has been filed only on behalf of residents of 86 Bastis, who are suffering without electricity supply and water connections. The learned senior counsel further submitted that interpreting the order passed by this court in W.P. (PIL) No. 1076 of 2011 dated 7.3.2011, the electricity supply and water connection in many of the residents of those 86 Bastis have been disconnected. 8. Having regard to the readiness expressed by 5th and 6th respondents, in its counter affidavit, we direct the 5th and 6th respondents to immediately give connection to those of the disconnected service connection of electricity supply and water connections, subject to payment of arrears of water and electricity charges. Such arrears of water and electricity charges shall be paid within a period of three weeks to the 5th and 6th respondents and on such payment of arrears of water and electricity charges, the 5th and 6th respondents shall immediately effect the re-connection of the water and electricity connections. So far as for giving fresh water and electricity connection to those of residents of 86 Bastis are concerned, they shall apply before 6th respondent with necessary payment and also making necessary application. On submission of such applications with necessary documents, the 6th respondent shall verify the same and also shall verify that the construction are not illegal constructions. On verification of those new applications, 6th respondent shall effect the water and electricity connection in accordance with law as soon as possible preferably within a period of six months. 9. With these directions and observations, these writ petitions are disposed of.