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Himachal Pradesh High Court · body

2018 DIGILAW 1016 (HP)

Court On Its Own Motion v. State Of H. P.

2018-05-29

AJAY MOHAN GOEL, SANJAY KAROL

body2018
ORDER 1. Learned Advocate General informs that pursuant to the meeting convened by Hon''ble the Chief Minister, Government of Himachal Pradesh, a Committee headed by the Chief Secretary, Government of Himachal Pradesh stands constituted, as notified on 28th May, 2018. Also, the Chief Secretary, Government of Himachal Pradesh is himself monitoring the situation on hourly basis. Status report of the water supply scheme, indicating short term measures undertaken by the State/Corporation, is taken on record. 2. In our considered view, the overall position is of crises which requires nothing but effective management and immediate redressal at the ground level so that residents receive bare minimum quantity of potable drinking water. 3. Undisputedly, as on date, 18.5 MLD (approximately) of water is being received by the Municipal Corporation, Shimla from all sources. It is this water, which is required to be distributed to all the residents and commercial establishments within the municipal limits of the town. It stands clarified that there is a separate provision to meet emergent like situation and such stored water cannot be touched. 4. We notice that now, the entire Shimla Municipal area stands divided into three zones and each one of the zone is to receive water after a gap of two days. Through various modes of advertisement(s), general public are being made aware of different timings of distribution of water. This, in our considered view, would ensure equitable distribution till such time normalcy returns. 5. Commissioner, Municipal Corporation, Shimla further states that measures for plugging the leakage of approximately 3.5 MLD water already stand taken and shall be pursued with greater vigour. Let an affidavit indicating such measures be filed by tomorrow. Also how best local perennial sources can be tapped to augment the water supply be explored and affidavit filed. 6. We are informed that four control rooms at different locations within the city stand established, details of which are as under: Place of Control Room Name of the person deployed at the Control Room Telephone Number The Mall at Shimla (Ridge) Sh. Padam, Sh. Girdhari and Sh. Paul Chand 0177-26580916 Chotta Shimla near Post Office Sh. Rameshwar, Sh. Tara Chand and Sh. Ram Swaroop 0177-2623760 Sanjauli Chowk Sh. Naresh, Sh. Prem Singh and Sh. Padam Dev 0177-2842131 Chaura Maidan near Post Office Sh. Dinesh Chandra, Sh. Sant Ram and Sh. Rajender 0177-2813671 7. Padam, Sh. Girdhari and Sh. Paul Chand 0177-26580916 Chotta Shimla near Post Office Sh. Rameshwar, Sh. Tara Chand and Sh. Ram Swaroop 0177-2623760 Sanjauli Chowk Sh. Naresh, Sh. Prem Singh and Sh. Padam Dev 0177-2842131 Chaura Maidan near Post Office Sh. Dinesh Chandra, Sh. Sant Ram and Sh. Rajender 0177-2813671 7. Additionally we direct that: A. Save and except under extreme emergent situation(s), no water through water tanker(s) shall be supplied by the Municipal Corporation, Shimla to any individual, more so in a VIP area, be it the Judges (including the Acting Chief Justice), Ministers, MLA''s Bureaucrats, Police Officers and commercial establishments. We clarify that this order would not include the residences/offices of His Excellency the Governor and Hon''ble the Chief Minister, State of Himachal Pradesh; B. All construction activity within Shimla planning area shall forthwith remain suspended for at least one week, whereafter, depending upon the prevalent situation, Committee so constituted, the Deputy Commissioner,Shimla/Commissioner, Municipal Corporation, Shimla/any other committee which may be constituted subsequently to monitor the same shall take an appropriate decision with regard thereto; C. An endeavour shall be made by the Chief Secretary, Government of Himachal Pradesh/Commissioner, Municipal Corporation, Shimla, to immediately approach the Army Authorities for diverting the water used for watering the Golf Course at Annadale, situated within the Municipal limits of Shimla town as also the Indian Institute of Advanced Studies, which has got huge water storage tanks, to meet emergent situation of lack of supply of potable drinking water within the Municipal limits of Shimla town. We are hopeful that the said Authority(s) shall be considerate in responding to such request in this hour of crises which the city is passing through; D. All car washing operations within the Municipal limits of Shimla town shall remain suspended for a period of one week or till such time the situation acquires normalcy, which decision shall be taken by the Committee constituted by the State or the Commissioner Municipal Corporation; E. We direct the District Judge, Shimla, who is the Chairperson of the District Legal Services Authority to immediately depute four Para Legal Volunteers at each of the control rooms set up by the Municipal Corporation, Shimla. These volunteers shall, by rotation, sit in the control rooms and help the officials man the same; and F. A special endeavour be undertaken for sensitizing the residents of the need of saving water and utilizing it with discretion. 8. Registrar General is directed to forthwith communicate this order to the District Judge, Shimla and by 4:00 p.m. his report be obtained. 9. Affidavits of compliance be filed by the Commissioner, Municipal Corporation, Shimla, who shall personally remain present in the Court. 10. List on 30th May, 2018. 11. Authenticated copy.