Court on its Own Motion v. State of Himachal Pradesh
2015-07-15
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2015
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JUDGMENT Mansoor Ahmad Mir, J. 1. Learned Single Judge/Vacation Judge of this Court, during Summer Vacation, has taken suo motu cognizance of the issue involving erratic and inadequate water supply in and around Shimla town and directed the respondents to do the needful and file status reports by or before 29th June, 2015, vide order dated 11th June, 2015, whereafter, the matter came up before a Coordinate Bench of this Court on 29th June, 2015, when respondent No. 2 sought two weeks time to file the compliance report, while respondents No. 1 and 3 filed their status reports in the Registry. The Court directed respondent No. 2 to ensure regular water supply within the limits of Municipal Corporation, Shimla and the other respondents were directed to provide all assistance to respondent No. 2 for achieving the said purpose. In addition, the Principal Secretary (I&PH), the Commissioner, Municipal Corporation, Shimla and the Executive Director (Personnel), H.P. State Electricity Board, Shimla were directed to remain present before the Court. 2. Respondents have filed the status reports/compliance reports. After going through the reports, we find that the respondents have not taken steps to do the needful and the reports submitted are not satisfactory. 3. It is worthwhile to mention here that the affidavits filed by the respondents are contradictory, which fact was admitted by Mr. J.K. Verma, learned Deputy Advocate General, and he prayed for filing fresh affidavits. 4. Significant to note that in paragraph 10 of the status report, respondent No. 2 has mentioned that water storage tanks have been constructed above Corner House, Sanjauli, with storage capacity of 3.0 lac liter, and near Tara Mata Mandir at BCS having storage capacity of 6.0 lac liter, but the same could not have been made operational for want of funds. Despite the fact that the Municipal Corporation is having its own resources, for want of petty amount of Rs. 25.00 lacs, the Corporation has failed to make the water storage tanks operational, is an eye opener to all the respondents, including the Chief Secretary, to the Government of Himachal Pradesh. 5. Mr. P.C. Dhiman, Additional Chief Secretary, present in person before this Court, stated that the needful would be done and the said storage tanks would be made operational, either by the funds allotted by the State Government or from the resources of the Municipal Corporation. 6.
5. Mr. P.C. Dhiman, Additional Chief Secretary, present in person before this Court, stated that the needful would be done and the said storage tanks would be made operational, either by the funds allotted by the State Government or from the resources of the Municipal Corporation. 6. In paragraph 10 of the status report, respondent No. 2 has also stated that the Corporation is contemplating to install Automatic Meter Readers (for short AMRs). Respondent No. 2 has also pointed out that some of the hotels have been provided water connections directly from the main lines. 7. Keeping in view the fact that water is the primary need of life and the issue involved touches every human being living in Shimla, respondent No. 2-Corporation is directed to do the needful as under: (i) Furnish details about the quantity of water being supplied to the hoteliers. (ii) What Mechanism is in place to regulate the water supply to the hoteliers and public in general? (iii) To point out the steps taken in those cases where the hoteliers failed to submit detailed information, the mention of which has been made in paragraph 6 of the status report. (iv) What cogent steps have been taken for tapping of natural water resources in and around Shimla? (v) What system is in place in order to plug the leakages and what steps have been taken for doing the needful? (vi) To make the storage tanks operational by or before the next date of hearing. (vii) What steps the respondents have taken to install AMRs? (viii) How many water connections have been given directly from the main water line and what steps have been taken to do the needful, as required under the law. 8. In order to effectively redress the issue, we deem it proper to constitute the following committee:- (1) Engineer-in-Chief (I&PH) Chairman (2) Concerned Superintending Engineer (I&PH) Member (3) Commissioner, M.C. Shimla Member 9. The Committee is directed to ensure that the regular and adequate water supply is provided to all the residents living in and around Shimla Town, and that, the directions contained in the order, dated 11th June, 2015, are complied with in letter and spirit. 10. We also deem it proper to constitute another Committee consisting of the following:- (i) Chief Secretary, to the Govt.
10. We also deem it proper to constitute another Committee consisting of the following:- (i) Chief Secretary, to the Govt. Chairman (ii) Additional Chief Secretary (I&PH) Member (iii) Principal Secretary (Law) Member (iv) Commissioner, M.C., Shimla Member (v) Director, Town and Country Planning Department, Himachal Pradesh, Shimla Member 11. The above Committee is directed to: (i) Suggest ways and means to ensure that the water supply, in and around Shimla town, is regulated effectively and properly. (ii) Make an exercise whether any proposal is required to be made to effect changes in the rules/regulations/policy in place, in order to have effective water supply. (iii) Suggest plans/schemes required to be formulated, keeping in view the future needs, at least for two decades, so that adequate water supply can be made in future also. 12. The Committee is also directed to take all measures for doing the needful in terms of the directions passed by this Court from 11th June, 2015, read with the averments contained in the status report, dated 13th July, 2015, filed by respondent No. 2. 13. Respondents and the Committees (supra) are directed to file status reports/compliance reports within two weeks from today. Respondents are directed to file their status reports/affidavits through the learned Advocate General, who will make an exercise that the affidavits are not contradictory. 14. Mr. B.C. Negi, Senior Advocate, is requested to appear as Amicus Curiae and assist this Court. The Registry is directed to furnish a complete copy of the paper book to Mr. Negi within two days from today. The learned Amicus Curiae is also requested to file his suggestions/response by or before the next date of hearing. 15. Before parting with, we may observe that any deviation/violation of the directions passed by this Court shall be seriously viewed. 16. List on 5th August, 2015, on which date, respondent No. 3 shall remain present in person before this Court.