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2013 DIGILAW 559 (PAT)

Nasib Lal Yadav v. Bihar Rajya

2013-04-26

NAVIN SINHA, SHIVAJI PANDEY

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ORDER Navin Sinha, J. – We have gone through the order sheets commencing from 10.3.2011. Suffice it to observe that water is an absolute necessity for human survival and its availability a fundamental right under Article 21. We express our dissatisfaction with the manner in which the respondents have been taking stands before the Court as revealed from different orders, without any substantive progress by availability of proper water supply. 2. The petitioners seek proper piped water supply at Mohalla- Saristabad, P.S.-Gardanibagh complaining that the water pump house on the western end of Gardanibagh Road No. 2 was not functioning properly leading to lack of adequate water supply. 3. Learned counsel for the petitioners invites our attention to the counter affidavit filed on 23.4.2013 by one Rajendra Mishra, Executive Engineer, Water Supply Section, Patna Municipal Corporation. From Annexure-A dated 20.4.2013, he submits that the proposed pump at Damaria is not a solution for supply of water for which the water pump at Gardanibagh Road No. 2 is required to be repaired. 4. Counsel for the Municipal Corporation files an affidavit today affirmed by one Sri Shashank Shekhar Sinha, Executive Engineer, Water Supply Section. At Paragraph-3 of the same he states that new boring at Ward No.-13, Damaria (Gardanibag) has been done and the work of super structure is going on. As informed by the Chief Engineer, Bihar Rajya Jal Parishad, it is expected to be functional within 45 days. 5. Counsel for the Parishad stands by the statement. The order dated 10.3.2011 notices that the Chief Engineer (Water), Sri Ravindra Kumar of the Patna Municipal Corporation in the counter affidavit admitted the genuineness of the complaint made by the petitioners. The Court expressed disappointment with the dilly dally attitude of the respondents. 6. On 25.3.2011, it was again observed that the said Ravindra Kumar, has acknowledged that old leaking pipelines had adversely affected water supply. Notwithstanding the long term plan referred to, the Court directed immediate relief was required to be given by working out alternatives. The Court also expressed its dissatisfaction with the attitude of the respondents that the citizens must wait for adequate water supply till all water supply lines are replaced by the Patna Municipal Corporation which undoubtedly shall take years. Notwithstanding the long term plan referred to, the Court directed immediate relief was required to be given by working out alternatives. The Court also expressed its dissatisfaction with the attitude of the respondents that the citizens must wait for adequate water supply till all water supply lines are replaced by the Patna Municipal Corporation which undoubtedly shall take years. Directions were given to the Chief Engineer (Water), Patna Municipal Corporation to work out an alternative for immediate relief to the residents of Gardanibagh Road No. 2. 7. On 4.4.2011, the order dated 25.3.2011 was noticed. The Corporation informed that alternative arrangement for water supply had been made and tender had been invited to replace the old pipe lines. We are constrained to observe that the stand of the Corporation is contrary to the observation contained in the order dated 25.3.2011. 8. On 8.5.2012, the Chief Engineer, Bihar Rajya Jal Parishad was made party respondent. Directions were again given to solve the water supply problem by short term measure. It was also directed that the representatives of the concerned departments would be present in Court on the next date. On 15.5.2012, the representatives of the departments appeared. It was placed before the Court that there was a proposal for installation of one boring and pump for improving the water supply in Road No. 2, Gardanibagh, by installing it in Ward No. 13 covering Damariya (Gardanibagh) which work would begin and was expected to be completed in four months time (read as by 15.9.2012). The Court again reiterated its earlier direction to the authorities especially the Bihar Rajya Jal Parishad to execute the scheme at the earliest. On 26.6.2012, it was observed to be peculiar that on 7.7.2011, the Jal Parishad was requesting the Chief Engineer (South) Building Construction Department, Bihar to identify the place or location where the boring and pump was to be installed for supply of water in the Gardanibagh area. It was noticed that neither the site has been identified nor work order had been issued, although the scheme was sanctioned as far back as in the year 2005-06. The gross inaction on the part of the respondents was deprecated by the Court. Directions were again given to hold a meeting of the concerned officers. The officials of the Bihar Rajya Jal Parishad were directed to be present in person. The gross inaction on the part of the respondents was deprecated by the Court. Directions were again given to hold a meeting of the concerned officers. The officials of the Bihar Rajya Jal Parishad were directed to be present in person. On 2.7.2012, a letter dated 28.6.2012 of the Chief Engineer (South) Building Construction Department addressed to the Chief Engineer of the Bihar Rajya Jal Parishad was produced that installation of the boring and pump must await large policy decisions. This was clearly contrary to the earlier directions of the Court dated 15.5.2012/26.6.2012. It was observed that larger policy decisions were the jurisdiction of the State but the responsibility for supplying water to residents within the Municipal area was an obligation. On 24.7.2012, again a letter dated 23.7.2012 of the Chief Engineer (South) Building Construction Department was placed authorizing the then Engineer of the Parishad to select proper place for installation of boring in the Gardanibagh area. The Court was constrained to give directions to the Chief Engineer of the Parishad to identify the location and furnish a time schedule within which the boring could be installed. On 9.8.2012, the Court expressed its complete dissatisfaction with the schedule of 510 days suggested by the authorities for installing of boring and pump observing that it amounted to avoidance of the responsibility for carrying on work urgently of public interest. Directions were given to submit a revised proposal within one week. 9. From the above narration of facts we arrive at the conclusion that the respondents have failed to abide by their constitutional and statutory obligations for making available water supply to the citizens of the area. We are also satisfied from the earlier orders in the proceedings that their appears to be a serious issue for lack of adequate commitment, answerability and accountability by the persons required to discharge their duties by installation of boring and pump. We record our reiteration of the order dated 9.8.2012 that the respondents appeared to be extremely casual in their approach wasting unnecessary time in installing one pump and boring. It must be kept in mind that the Government is a juristic person, but which works through its officers in whom it places trust and pays them salary for discharge of duties. 10. It must be kept in mind that the Government is a juristic person, but which works through its officers in whom it places trust and pays them salary for discharge of duties. 10. The report dated 25.4.2013 of the Executive Engineer, Bihar Rajya Jal Parishad placed on affidavit today by the Corporation is very evasive to say the least. It declines to even state what the status of the construction is but simply states that it shall be completed by 25.5.2013, whereafter the pump, motor etc. shall be installed. 11. Keeping in mind that the respondents themselves have failed to utilize properly the more than sufficient time given in the matter, we now direct the Chief Engineer, Water Supply Section, Patna Municipal Corporation, the Managing Director, Bihar Rajya Jal Parishad, the Secretary, Building Construction Division and the Chief Engineer, PESU to act in unison and complete the construction, install water pump connect electricity supply and ensure that water flows in the pipelines within 30 days from today. Failure to abide by the directions shall not be countenanced and shall be viewed with the seriousness the matter now deserves, keeping in mind the earlier orders of the Court, the importance of water supply for the citizens especially in the fast approaching summer season. 12. List on the 17th of June, 2013.