JUDGMENT : MANSOOR AHMAD MIR, J. 1. Water is a gift of God and it is the duty of everyone to maintain its sanctity. It is unfortunate that some persons/ officers/officials are playing with the gift of God and because of their negligence, carelessness and other ulterior motives, the water became dirty, contaminated and polluted, which has affected public in general. 2. The Apex Court in the case titled as Delhi Water Supply & Sewage Disposal Undertaking and another versus State of Haryana and others, reported in (1996) 2 Supreme Court Cases 572, held as under: “1. Water is a gift of nature. Human hand cannot be permitted to convert this bounty into a curse, an oppression. The primary use to which the water is put being drinking, it would be mocking the nature to force the people who live on the bank of a river to remain thirsty, whereas others incidentally placed to an advantageous position are allowed to use the water for non-drinking purposes. A river has to flow through some territory; and it would be travesty of justice if the upper-riparian States were to use its water for purposes like irrigation, denying the lower riparian States the benefit of using the water even for quenching the thirst of its residents.” 3. The Apex Court has also held that right of water is a part of Right of Life guaranteed by Article 21 of the Constitution of India in the case titled as State of Orissa versus Government of India & Anr., reported in AIR 2009 SC (Supp) 261. It would be profitable to reproduce relevant portion of para 43 of the judgment herein: “43. In my opinion the right to get water is a part of right to life guaranteed by Article 21 of the Constitution..............” 4. Keeping in view the alarming circumstances prevailing in the entire State of Himachal Pradesh in general and particularly, in Shimla & Solan Districts coupled with the deaths caused due to the jaundice outbreak, which is outcome of the inaction of the officers/officials/authorities and other concerned persons, the Court has to come down heavily and to pass appropriate orders, as it may deem fit and proper. 5. In the case titled as U.P. Pollution Control Board versus Dr. 5. In the case titled as U.P. Pollution Control Board versus Dr. Bhupendra Kumar Modi and another, reported in (2009) 2 Supreme Court Cases 147, the Apex Court held as under: “In the case on hand which is also similar to Mohan Meakins Ltd. had commenced its journey in the year 1985, nonetheless lapse of such long period cannot be a reason to absolve the respondents from the trial. In a matter of this nature, particularly, when it affects public health if it is ultimately proved, courts cannot afford to deal lightly with cases involving pollution of air and water. The message must go to all concerned persons whether small or big that the courts will share the parliamentary concern and legislative intent of the Act to check the escalating pollution level and restore the balance of our environment. Those who discharge noxious polluting effluents into streams, rivers or any other water bodies which inflicts on the public health at large, should be dealt with strictly de hors to the technical objections. Since escalating pollution level of our environment affects on the life and health of human beings as well as animals, the courts should not deal with the prosecution for offences under the pollution and environmental Acts in a causal or routine manner.” 6. This Court has taken cognizance of the issue earlier in the year 2007 in CWP No. 441 of 2007, titled as Tarsem Bharti and another versus State of Himachal Pradesh and another, has passed interim directions from time to time and finally disposed of the writ petition vide judgment and order, dated 2nd December, 2011. It is apt to reproduce the operative portion (para 2) of the judgment herein: “2. It is submitted by the learned counsel for the petitioners that in view of the orders passed by this Court in this writ petition and the steps taken by the duty holders, this writ petition can be disposed of reserving liberty to the petitioners or such other persons to approach this Court if required at later stage. Ordered accordingly. The writ petition is disposed of. Interlocutory applications are also disposed of. All the interim orders will form part of the judgment.” 7. Ordered accordingly. The writ petition is disposed of. Interlocutory applications are also disposed of. All the interim orders will form part of the judgment.” 7. In the year 2014, fresh writ petition, being CWP No. 4122 of 2014, titled as Ravinder Makhaik versus State of H.P. & others, came to be filed by the affected persons after noticing the failure of the officials/ officers/agencies and other concerned persons, was disposed of vide judgment and order, dated 18th September, 2014. It is apt to reproduce para 5 of the judgment herein: “5. Keeping in view the judgment (supra) read with the reply filed on behalf of the respondents, we deem it proper to direct the respondents to do the needful. The learned Advocate General has filed a communication, dated 11.07.2014, across the Board, made part of the file. The respondents to do the needful in terms of the communication (supra) and the reply, after every three months ad report compliance before the Registrar (Judicial).” 8. It appears that the respondents have not filed the status/compliance reports, as directed and required in terms of the directions contained in the judgment. 9. On 11th June, 2015, this Court took suo motu cognizance of the scarcity of water in Shimla town, was diarized as CWPIL No. 10 of 2015 and the respondents were directed to file compliance report. Detailed orders have been made in CWPIL No. 10 of 2015. Mr. Bipin C. Negi, learned Senior Counsel, was appointed as Amicus Curiae, who gave suggestions how to ensure proper supply of water, that too, pure and without any contamination. 10. The Municipal Corporation has already filed the response to the suggestions, has virtually accepted the suggestions and is ready to do the needful. 11. Ms. Anuradha Thakur, present Secretary (IPH) to the Government of Himachal Pradesh, has filed the status report/response to the suggestions, which is composite one, relating to both the Public Interest Litigations i.e. CWPILs No. 10 of 2015 and 1 of 2016, in the open Court on 23rd February, 2016. 12. A writ petition, being CWP No. 3511 of 2015 also came to be filed by Mr. Rajnish Maniktala, Advocate, and, after noticing that by and large, the issues involved were same, CWP No. 3511 of 2015 was ordered to be clubbed with CWPIL No. 10 of 2015. 13. 12. A writ petition, being CWP No. 3511 of 2015 also came to be filed by Mr. Rajnish Maniktala, Advocate, and, after noticing that by and large, the issues involved were same, CWP No. 3511 of 2015 was ordered to be clubbed with CWPIL No. 10 of 2015. 13. Unfortunately, in the month of December, 2015, there was jaundice outbreak and after going for the tests, it was found that the Lift Water Supply Scheme Ashwani Khad (for short “LWSS Ashwani Khad”) was not upto the mark, due to which the residents of Shimla and Solan were/are affected/suffering. 14. On 4th January, 2016, the Court took suo motu cognizance, came to be diarized as CWPIL No. 1 of 2016, Mr. Ramakant Sharma, learned Senior Counsel, was appointed as Amicus Curiae and the respondents were directed to file status/compliance reports. 15. The respondents have filed two sets of status reports. Learned Amicus Curiae responded to the same and filed suggestions. Learned Advocate General sought time to file fresh status report and also to respond to the suggestions made by the learned Amicus Curiae. The matter was ordered to be listed on 22nd February, 2016. 16. The Court was on winter recess/winter vacation and on the very first day of the opening of the Court, the matter was taken up. It was stated that so many persons have died including two practicing Advocates and wife of an Advocate leaving behind four days' old baby. 17. It was also stated that a number of people are suffering and are admitted in hospitals. Further stated that some have died in the hospitals at Himachal Pradesh and some have died at PGI Chandigarh. 18. It was also stated that the Government has taken serious note of the issue and appointed a Special Investigating Team (for short “SIT”) headed by Additional Superintendent of Police (Rural) Shimla. 19. Learned Advocate General was directed to file details of the investigation with a command to cause presence of the Investigating Officer heading the SIT. The parties were also requested to furnish the details of the persons, who have died due to jaundice and the matter was posted for 23rd February, 2016. 20. 19. Learned Advocate General was directed to file details of the investigation with a command to cause presence of the Investigating Officer heading the SIT. The parties were also requested to furnish the details of the persons, who have died due to jaundice and the matter was posted for 23rd February, 2016. 20. On 23rd February, 2016, learned Advocate General, filed the status report, dated 22nd February, 2016, in the case FIR No. 03/16, dated 6th January, 2016, registered under Sections 269, 270, 277, 336, 326, 420, 120-B of the Indian Penal Code (for short “IPC”) and Sections 43 & 44 of the Water (Prevention and Control of Pollution) Act, 1974 (for short “Act of 1974”) at Police Station Dhalli, District Shimla. He has also filed the compliance report made by the present Secretary (IPH) to the Government of Himachal Pradesh, which is reply to the status report in CWPIL No. 1 of 2016 and also response to the suggestions made by Mr. Bipin C. Negi, learned Amicus Curiae in CWPIL No. 10 of 2015 and Mr. Ramakant Sharma, learned Amicus Curiae in CWPIL No. 1 of 2016. 21. While going through the response, it appears that the Investigating Agency and the State Government, i.e. the present Secretary (IPH), have virtually admitted that the water from LWSS Ashwani Khad was polluted, contaminated, dirty and a cause for jaundice outbreak. 22. Before we pass appropriate orders in CWPIL No. 1 of 2016, we deem it proper to deal with CWPIL No. 10 of 2015 and CWP No. 3511 of 2015. CWPIL No. 10 of 2015 & CWP No. 3511 of 2015 23. Virtually, the State Government and the Municipal Corporation have accepted the suggestions and in the open Court, learned Advocate General has stated that the suggestions made in writing by Mr. Ajay Mohan Goel, Advocate, will also be considered. 24. In view of the above, we deem it proper to dispose of both these writ petitions commanding the State Government for creation of a post/statutory body, to be manned by a competent authority and members alongwith requisite staff in order to deal with entire water supply system of Shimla town, also to deal with the entire water crisis relating to the State of Himachal Pradesh and to submit compliance reports to this Court every after two weeks in CWPIL No. 1 of 2016. 25. 25. It is apt to record herein that we are disposing of these writ petitions while keeping in view the fact that the relief sought in these writ petitions has to flow from the outcome of CWPIL No. 1 of 2016. The orders have to be passed in the said CWPIL relating to the directions viz-a-viz adequate water supply for the reason that the LWSS Ashwani Khad has been closed. 26. In view of the above, the officers of the State Government and other authorities have to find out a solution how to provide sufficient water supply to the inhabitants of the Shimla and the entire State of Himachal Pradesh. Therefore, requisite orders are to be passed in CWPIL No. 1 of 2016. 27. The respondents in CWPIL No. 10 of 2015 have to file status reports/compliance reports relating to the steps taken in terms of their status reports, suggestions and the initiatives drawn every after two weeks till the post/statutory body/competent authority will be in place and thereafter even, they have to file the status reports/compliance reports, as directed, if required. 28. Accordingly, both these writ petitions are disposed of alongwith all pending applications. CWPIL No. 1 of 2016 29. While going through the report of the SIT and the status report filed by the present Secretary (IPH) to the Government of Himachal Pradesh) read with the directions (supra), it is necessary to array the Chief Secretary to the Government of Himachal Pradesh; Secretary (Urban Local Bodies) to the Government of Himachal Pradesh; Principal Secretary (Health) to the Government of Himachal Pradesh; Principal Secretary (Education) to the Government of Himachal Pradesh; Director, Public Relations, Himachal Pradesh; and District Magistrates, Superintendents of Police and the Chief Medical Officers of all Districts in the State of Himachal Pradesh, as party-respondents in the array of respondents. Issue notice to the said newly added respondents. Mr. J.K. Verma, learned Deputy Advocate General, waives notice on behalf of the said respondents. 30. It would also be apt to array the Member Secretary, H.P. State Pollution Control Board, Shimla, as party-respondent in the array of respondents. Issue notice. Ms. Charu Gupta, Advocate, waives notice on behalf of the said respondent. Registry to carry out necessary entries in the cause title. 31. 30. It would also be apt to array the Member Secretary, H.P. State Pollution Control Board, Shimla, as party-respondent in the array of respondents. Issue notice. Ms. Charu Gupta, Advocate, waives notice on behalf of the said respondent. Registry to carry out necessary entries in the cause title. 31. The Investigating Officer has reported that only class-IV employees were checking the water supply from LWSS Ashwani Khad and the higher authorities have not taken any interest. Further reported that the SIT has found that all officers, who were manning the posts from time to time, have not taken any interest and even have not inspected the Ashwani Khad and the officers of the Municipal Corporation, were also found negligent/careless because they have not properly managed the Sewage Treatment Plants (for short “STP”) at Malyana and Dhalli. 32. It is profitable to reproduce paras 1, 4, 5, 7 and 9 of the status report filed by the SIT herein: “1. That the case was registered on 06.01.2016 on the application of Sh. Tikender Singh Panwar, Dy. Mayor MC Shimla, which was, “the SHO Police Station Chhota Shimla, Subject:- Registration a FIR against the Contractor of STP of Malyana and Dhalli. Sir, I being the Deputy Mayor and a Citizen of Shimla would like to bring the following facts to your notice:- (1) The MC Shimla house held on 29th December was chaired by me it discuss the rise in cases of jaundice in Shimla city. (2) There after a committee was constituted to ascertain the reasons. The committee comprised of our Hon'ble councilors and experts including of CHO. (3) The committee visited the site of STP which eventually leads to Ashwani Khad from where water is lifted for drinking purpose. (4) The committee found that the STP at Malyana is not been run properly and contains large quantity of effluents which causes rise in Hepatitis cases. (5) The STP's at Malyana and Dhalli are run by some private individual and it is because of his negligence that the sewerage is not treated properly. This seems to be a case of criminal negligence that wishfully or otherwise is not discharging his duties that are extremely important for a healthy system. Yours truly Sd/- Tikender Panwar xxx xxx xxx 4. …............ *The parameters for water quality analysis tests were not strictly adhere to. *Neither the essential water quality analysis test like microbiological viz. This seems to be a case of criminal negligence that wishfully or otherwise is not discharging his duties that are extremely important for a healthy system. Yours truly Sd/- Tikender Panwar xxx xxx xxx 4. …............ *The parameters for water quality analysis tests were not strictly adhere to. *Neither the essential water quality analysis test like microbiological viz. E. coli nor Total Count was performed nor there any set up for such tests in the laboratory. *That in STP Dhalli water water was directly flowing to the outlet without being treated at clariflocculator. It was found that bleaching powder used was made in the year 2014-15. 5. That during investigation it was also revealed that STP contractor Akshay Dogar and his Supervisor Manoj Verma were not supplying chemicals in time. Neither they were conducting tests as per the manual. JE, SDO & Executive Engineer of IPH Deptt. who were responsible for proper functioning of this STP, did not properly performed their duties with regard to proper use of bleaching powder, or the leakage at STP Dhalli, and non performing of laboratory test. Neither had they taken any action against contractor or supervisor. 6.…........ 7. That SFSL Team Junga also inspected I&PH Drinking Water Testing Lab. at Dhalli and Municipal Corp. at the Ridge Shimla. Its observation with respect to MC lab. Were: *Water quality analysis was being carried out without any Laboratory Procedure Manual. *The two parameters performed for water quality analysis were insufficient. *Neither the essential water quality analysis tests like microbiological viz. E. coli and Total Colony Count were performed nor there was any set up for such tests, qualified professional (Microbiologist) in the laboratory. 8.…............ 9. That SIT in its investigation also found that SDO, IPH and JE, IPH were not visiting these Lift Water Supply Scheme (LWS) Ashwani Khand and were not inspected these LWSS Ashwani Khad. As a result the whole management of LWSS Ashwani Khad was left to the call of Class-IV employees, i.e. Beldars and Pump Operators and all the entries made in the registers mantained at LWSS Ashwani Khad were made by these Baldars and Pump Operator. They were never cross checked by Asstt. Engineer. Whereas JE had only done one inspection in the last 3 months.” 33. They were never cross checked by Asstt. Engineer. Whereas JE had only done one inspection in the last 3 months.” 33. The report is silent as to who were the officers manning the posts right from the year 2007 till the jaundice outbreak, what action has been taken against them, whether the mandate of the Act of 1974 has been taken into consideration, whether the officers/officials have followed the mandate and who are the officers/officials responsible. 34. While going through the status report filed by the present Secretary (IPH), prima facie, it appears that the State Government has also come to the conclusion that the officers, who were manning the posts from time to time, have not taken any steps to maintain the purification of the water supply from LWSS Ashwani Khad and that is the reason they have closed LWSS Ashwani Khad. Whether any departmental proceedings/inquiry/action have been taken against the said officers is also not forthcoming. 35. The respondents in CWP No. 4122 of 2014 are, prima facie, in contempt for the reason that they have not submitted the required status reports/compliance reports right from 18th September, 2014. However, two Engineers of I&PH Department have filed four status reports and the Member Secretary, H.P. State Pollution Control Board has filed compliance report, which are not in tune with the orders passed by this Court and in fact, are running contrary to the reports made by the Deputy Mayor, Municipal Corporation, the present Secretary (IPH), report of the Forensic Science Laboratory (for short “FSL”) and the status report of the SIT, as mentioned hereinabove. 36. What is the procedure which the officers were following while making payments to the contractor, i.e. M/s. Akshay Doegar, for operation and maintenance of the STPs at Lal Pani, Dhalli, Sanjauli-Malyana, Summerhill and North Disposal. The reports do suggest that he has not taken any steps for proper operation and maintenance of the STPs. Even he has not followed the basics, not to speak of taking all precautions, which he was supposed to take in order to receive the payments. 37. It is stated that the Additional Superintendent of Police, who was the head of the SIT, stands promoted as Superintendent of Police and is posted at Shimla. We direct him to be the head of the SIT and to conduct the investigation. 38. 37. It is stated that the Additional Superintendent of Police, who was the head of the SIT, stands promoted as Superintendent of Police and is posted at Shimla. We direct him to be the head of the SIT and to conduct the investigation. 38. The SIT is directed to take the investigation to its logical end by pinpointing who are the officers right from the year 2007 till today responsible/involved. It shall also examine the role of all the officers, who were supposed to maintain the mandate of the penal laws, other laws applicable in general and particularly, the Act of 1974. 39. It is made clear that we are not making any opinion that the said officers are involved. It is for the SIT to investigate and determine and submit the compliance reports every after one week. 40. The Chief Secretary and the Secretary (IPH) to the Government of Himachal Pradesh are directed to furnish: (i) details of all those officers who were manning the posts from the year 2007 right from the Chief Engineer upto the Peon; (ii) details of the amount released in favour of the contractor and the procedure followed and names of the officers, who have passed those bills; (iii) details of the steps, which they have to take in terms of the status reports filed before the Court on 23rd February, 2016, i.e. fresh status report, within one week; (iv) details of the persons who have died due to jaundice and who are under treatment, as on today; (v) Whether any departmental inquiry/proceedings have been initiated and what is the stage? 41. Ms. Anuradha Thakur, present Secretary (IPH) to the Government of Himachal Pradesh, has stated that the department has complied with the directions made by this Court in CWPs No. 441 of 2007 and 4122 of 2014, which is not correct. In one breath, the Secretary (IPH) has stated that the LWSS Ashwani Khad was not properly maintained and the Government has issued orders for closing down the same in terms of Annexure R-1 and in the second breath, she has stated that the directions (supra) have been complied with. 42. It is apt to reproduce relevant portion of para 1 of the response filed by the Secretary (IPH) herein: “1. 42. It is apt to reproduce relevant portion of para 1 of the response filed by the Secretary (IPH) herein: “1. ..............Further it is submitted that the IPH Department in compliance to the various directions and recommendations of the committees appointed by the Hon'ble High Court of HP in CWPIL No. 441 of 2007, CWP No. 4122 of 2014, the department has complied some of the directions and recommendations as elaborated in the reply submitted to the Hon'ble High Court earlier. However, for implementing balance directions and recommendations requiring substantial funds, provisions have been made in the DPR amounting to Rs. 643.05 crores submitted to the World Bank for funding of USD 85.18 Million on dated 09.07.2015 after approval from the Ministry of Urban Development and Ministry of Finance (Department of Economic Affairs), Government of India Annexure R-3.........” 43. The Secretary (IPH) to the Government of Himachal Pradesh is asked as to why action shall not be drawn against her for making incorrect/contradictory statements. Is she trying to shield her predecessors and subordinate officers or is trying to carve out a case for them or rather is trying to mislead the Court. 44. The Chief Secretary and the Secretary (Urban Local Bodies) to the Government of Himachal Pradesh were supposed to have a vigilance being the Head of the institutions and to ascertain whether the STPs were being maintained properly. Further, they were supposed to see and ascertain whether the officers concerned were discharging their duties properly and whether the directions have been complied with. Prima facie, it appears that they have failed to do so. Had they passed the requisite orders, there would not have been jaundice outbreak. Their failure can be seen in terms of the orders made by them whereby LWSS Ashwani Khad stands closed. They are directed to explain by filing affidavits. 45. The District Magistrates and Superintendents of Police in the entire State of Himachal Pradesh are directed to take all steps to make the public aware about the jaundice outbreak and the precautions to prevent such disease. 46. The District Magistrates, Superintendents of Police and the authorities concerned are directed to implement the provisions of The Food Safety and Standards Act, 2006 (for short “Act of 2006”) in letter and spirit. Any deviation shall be seriously viewed. 47. 46. The District Magistrates, Superintendents of Police and the authorities concerned are directed to implement the provisions of The Food Safety and Standards Act, 2006 (for short “Act of 2006”) in letter and spirit. Any deviation shall be seriously viewed. 47. The Principal Secretary (Education) to the Government of Himachal Pradesh is commanded to direct all the educational institutions, right from Primary Schools upto the Universities, for following the provisions of the Act of 2006 and also to ensure providing pure mineral water to the students in terms of the Act of 1974. 48. The Director, Public Relations, is directed to make aware the public in general by using press media, social media and other methods. Any deviation shall be seriously viewed. 49. The Chief Medical Officers in the entire State of Himachal Pradesh are directed to furnish the details of all the persons, who are/were admitted in the hospitals, are/were under treatment because of jaundice alongwith the details of all those persons who have succumbed to the said outbreak. 50. All the Courts in the State of Himachal Pradesh are directed not to take up any matter, which is directly or indirectly connected with CWPIL No. 10 of 2015, CWP No. 3511 of 2015 and CWPIL No. 1 of 2016. Any person, who is aggrieved or wants clarification, is at liberty to approach this Court. 51. It is made clear that SIT, police agencies, accused persons and other affected persons are at liberty to approach the Court (s) of competent jurisdiction for redressal of their grievances in FIR No. 03/16, dated 6th January, 2016, registered at P.S. Dhalli, which is being investigated by SIT, as discussed hereinabove. 52. Learned Advocate General was asked to give details as to whether any amount was due to the Contractor. He, after inquiring from the authorities concerned, stated that Rs. 99,45,831/- is due to the Contractor till 31st January, 2016. He has furnished the information across the Board, made part of the file. The concerned authority is directed not to release the amount in favour of the Contractor. 53. Prima facie, it appears that the respondents in CWP No. 4122 of 2014 are in contempt. Learned Advocate General is directed to furnish the particulars of the officers, who are/were manning the posts w.e.f. 19th September, 2014, till today, within three days. The concerned authority is directed not to release the amount in favour of the Contractor. 53. Prima facie, it appears that the respondents in CWP No. 4122 of 2014 are in contempt. Learned Advocate General is directed to furnish the particulars of the officers, who are/were manning the posts w.e.f. 19th September, 2014, till today, within three days. Registry is directed to frame Rule against the said respondents in CWP No. 4122 of 2014 and ask them to show cause as to why they should not be punished for breach/violation of the Court orders in terms of the Contempt of the Courts Act. 54. The record of CWP No. 4122 of 2014 does disclose that four reports have been filed by I&PH Department, one by Er. Suman Vikrant and three by Er. Sunil Justa. All these reports are not in tune with the judgment. Not only this, these reports are misleading and have made the Court to believe that the respondents have complied with the Court directions, which is not factually correct in view of the latest reports, outbreak of jaundice and shutting down of LWSS Ashwani Khad. 55. They are asked to show cause as to why they should not be: (i) dealt with in terms of the mandate of Contempt of Courts Act, and (ii) prosecuted for filing false affidavits before this Court and for misleading the Court. 56. Mr. Vineet Kumar, Member Secretary, Pollution Control Board has filed status report on 3rd March, 2015, has failed to file compliance report right from 18th September, 2014 till 3rd March, 2015 and thereafter till today, has been asked to show cause hereinabove, but the report submitted by him on 3rd March, 2015, is, prima facie, incorrect, rather false, in view of the latest reports of the concerned authorities, as discussed hereinabove. He is further asked to show cause as to why he should not be prosecuted for filing false affidavit in addition to the contempt proceedings already drawn against him. 57. In response to the orders made by this Court, the Senior Administrative Officer (H), PGI, Chandigarh, has furnished the information, in terms of which seven persons have died at PGI Chandigarh due to the said disease, made part of the file. 58. The question is – how to reach to the victims/ legal representatives of the deceased? 59. 57. In response to the orders made by this Court, the Senior Administrative Officer (H), PGI, Chandigarh, has furnished the information, in terms of which seven persons have died at PGI Chandigarh due to the said disease, made part of the file. 58. The question is – how to reach to the victims/ legal representatives of the deceased? 59. The concept of grant of interim compensation, based on no fault liability, is outcome of the pronouncements of judgments made by the Apex Court. The purpose is to offer prompt financial relief to the sufferers. The niceties of law and facts have no role to play. 60. It is the duty of the Courts to make such interim orders which are required at the relevant point of time in view of the facts and circumstances of the case read with development of law from time to time. 61. In order to achieve the purpose of grant of interim or final relief promptly and spurn any attempt at procrastination in view of the facts and circumstances of the case, which are crying for the same, the Courts should not succumb to niceties, technicalities and mystic maybe's. 62. We are of the considered view that the Writ Court can exercise powers in terms of the mandate of the Constitution read with the inherent powers and can grant interim relief, even though it is not specifically provided for. 63. We have laid our hands on a judgment which is delivered by one of us (Justice Mansoor Ahmad Mir, Chief Justice) as a Judge of Jammu and Kashmir High Court, wherein interim compensation was granted in a First Civil Appeal, titled as Chief Engineer & Ors. versus Mst. Zeba, reported in II (2005) ACC 705. It is apt to reproduce paras 10 to 17 of the said judgment herein: “10. While going through the provisions of Section 151, C.P.C., this Court can exercise inherent powers in order to do justice in between the parties and can pass such orders which are warranted in the interests of justice. 11. Section 140 of Motor Vehicles Act mandates how to grant interim compensation. This remedy stands introduced in terms of the recommendations made by the Apex Court in the judgments reported in 1977 ACJ 134 (SC), 1980 ACJ 435 (SC) and 1981 ACJ 507 (SC). In terms of the said judgments the legislation was made. 11. Section 140 of Motor Vehicles Act mandates how to grant interim compensation. This remedy stands introduced in terms of the recommendations made by the Apex Court in the judgments reported in 1977 ACJ 134 (SC), 1980 ACJ 435 (SC) and 1981 ACJ 507 (SC). In terms of the said judgments the legislation was made. The aim and object of the said provision is to save the victims/sufferers from starvation, destitution and from other social evils. It is just to ameliorate the sufferings of the victims. 12. The Apex Court has passed a judgment reported in AIR 1996 SC 922 , titled Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty, wherein Their Lordships have granted interim compensation to the victims of a rape case. In terms of the said judgment the Court is not powerless to come to the rescue of victims and save them from social evils as discussed above. It is profitable to reproduce para-18 of the said judgment herein: “18. This decision recognizes the right of the victim for compensation by providing that it shall be awarded by the Court on conviction of the offender subject to the finalization of scheme by the Central Government. If the Court trying an offence of rape has jurisdiction to award the compensation at the final stage, there is no reason to deny to the Court the right to award interim compensation which should also be provided in the scheme. On the basis of principles set out in the aforesaid decision in Delhi Domestic Working Women?s Forum, the jurisdiction to pay interim compensation shall be treated to be part of the overall jurisdiction of the Courts trying the offences of rape which, as pointed out above is an offence against basic human rights as also the Fundamental Right of Personal Liberty and Life.” 13. The Apex Court has also held in the judgment reported in AIR 1986 SC 984 , Smt. Savitri v. Govind Singh Rawat, that the Courts can grant interim maintenance in the proceedings under Section 488 (Section 125, Cr.P.C.), Cr.P.C. It is profitable to reproduce relevant portion of para-6 herein: “…..if a Civil Court can pass such interim orders on affidavits, there is no reason why a Magistrate should not rely on them for the purpose of issuing directions regarding payment of interim maintenance. The affidavit may be treated as supplying prima facie proof of the case of the applicant. If the allegations in the application or the affidavit are not true, it is always open to the person against whom such an order is made to show that the order is unsustainable. Having regard to the nature of the jurisdiction exercised by a Magistrate under Section 125 of the Code, we feel that the said provision should be interpreted as conferring power by necessary implication on the Magistrate to pass an order directing a person against whom an application is made under it to pay a reasonable sum by way of interim maintenance subject to the other conditions referred to the pending final disposal of the application. In taking this view we have also taken note of the provisions of Section 7 (2) (a) of the Family Courts Act, 1984 (Act No. 66 of 1984) passed recently by Parliament proposing to transfer the jurisdiction exercisable by Magistrates under Section 125 of the Code to the Family Court constituted under the said Act.” 14. While going through the said provisions of law and while keeping in view of the above discussion, I am of the considered view that Civil Court can exercise inherent powers and can grant interim compensation at any stage even though not provided by any other provision of law. It is profitable to reproduce relevant portion of para-4 of the judgment of Apex Court reported in AIR 1995 SC 350 , State of Maharashtra and others v. Admane Anita Moti and Others. “……Interim orders are granted by the Court as they are necessary to protect the interest of the petitioner till the rights are finally adjudicated upon. Even where it is not provided in the statute this Court has held that the Courts have inherent power to grant it……” 15. It is also profitable to reproduce paras 9 & 10 of the Apex Court judgment reported in AIR 2004 SC 3992 , Vareed Jacob v. Sosamma Geevarghese and Others, herein: “9. Even where it is not provided in the statute this Court has held that the Courts have inherent power to grant it……” 15. It is also profitable to reproduce paras 9 & 10 of the Apex Court judgment reported in AIR 2004 SC 3992 , Vareed Jacob v. Sosamma Geevarghese and Others, herein: “9. In the case of M/s. Ram Chand and Sons Sugar Mills Pvt. Ltd. v. Kanhayalal Bhargava, reported in AIR 1966 SC 1899 , it has been held by this Court that the inherent power of the Court under Section 151 C.P.C. is in addition to and complimentary to the powers expressly conferred under C.P.C., but that power will not be exercised in conflict with any of the powers expressly or by implication conferred by other provisions of C.P.C. If there is express provision covering a particular topic, then Section 151, C.P.C. cannot be applied. Therefore, Section 151, C.P.C. recognizes inherent power of the Court by virtue of its duty to do justice and which inherent power is in addition to and complimentary to powers conferred under C.P.C. expressly or by implication. 10. In the case of Jagjit Singh Khanna v. Rakhal Das Mullick, reported in AIR 1988 Cal. 95 , it has been held that temporary injunction may be granted under Section 94 (c) only if a case satisfies Order 39 Rule 1 and Rule 2. It is not correct to say that the Court has two powers, one to grant temporary injunction under Section 94 (c) and the other under Order 39 Rule 1 and Rule 2. That Section 94 (C), C.P.C. shows that the Court may grant a temporary injunction thereunder only if it is so prescribed by Rule 1 and Rule 2 of Order 39. The Court can also grant temporary injunction in exercise of its inherent powers under Section 151, but in that case, it does not grant temporary injunction under any of the powers conferred by C.P.C. but under powers inherent in the constitution of the Court, which is saved by Section 151, C.P.C.” 16. In terms of the said judgments, the Civil Court can exercise inherent powers and grant interim compensation in order to do justice, save victims from social evils and just to ameliorate their sufferings. 17. In terms of the said judgments, the Civil Court can exercise inherent powers and grant interim compensation in order to do justice, save victims from social evils and just to ameliorate their sufferings. 17. Thus, I am of the considered view that Civil Court can grant interim compensation in the cases, where the claimants/plaintiffs have lost their bread earner, son or daughter due to the negligence of the defendant/s and even in the cases where the plaintiff has sustained injuries due to the negligence of the defendant/s which has rendered the plaintiff permanently disabled.” 64. At the cost of repetition, we have lost so many lives because of the fault of the State authorities/officers, who were/are manning the posts, including the Contractor because they have failed to maintain the purification of water, which they were supposed to do in view of the Acts of 1974 and 2006. 65. This Court in CWP No. 318 of 2015, titled as Roshi Devi and others versus Himachal Pradesh State Electricity Board Ltd. and others; CWPIL No. 7 of 2014, titled as Court on its own motion versus State of Himachal Pradesh & others; and CWP No. 4524 of 2015, titled as Sheetal Thakur versus State of Himachal Pradesh and others, has also awarded interim compensation. 66. In view of the above, we deem it proper to award Rs. two lacs as interim compensation to the legal representatives of each of the deceased. 67. The State is directed to deposit the amount of interim compensation before this Court within four weeks. 68. It is made clear that the observations made hereinabove are only prima facie and cannot be read and held that the said officers/persons are liable for criminal prosecution or departmental inquiry. It is for the concerned investigating agency/Court (s) and department (s) to thrash out. Any observations and expressions made hereinabove shall not cause prejudice to anyone. 69. All the respondents are directed to file status reports weekly in terms of the directions passed in this order read with the directions already passed in CWPIL No. 10 of 2015 and CWP No. 3511 of 2015. 70. Registry is directed to consign the record of CWP No. 441 of 2007, CWPIL No. 10 of 2015 and CWP No. 3511 of 2015. The record of CWP No. 4122 of 2014 be made available with the contempt proceedings. 71. List on 2nd March, 2016. 72. 70. Registry is directed to consign the record of CWP No. 441 of 2007, CWPIL No. 10 of 2015 and CWP No. 3511 of 2015. The record of CWP No. 4122 of 2014 be made available with the contempt proceedings. 71. List on 2nd March, 2016. 72. Registry is directed to supply dasti copy of this order to learned counsel appearing on behalf of all the parties.