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2018 DIGILAW 219 (HP)

Court on its own motion v. State of H. P.

2018-02-27

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT : Sanjay Karol, J. On the basis of letter petition, taking suo motu cognizance, this Court issued notice to the State. 2. According to the letter petitioners, there is scarcity of water in the area comprising of villages Karari, Kurla, Johdi, Guthan, Kheel and Shrighat falling within Tehsil Kasauli. Despite repeated requests made to the State, no action stands taken by the appropriate authorities. Further, the letter petitioners have highlighted the plight of young women and children who have to travel for more than 5 Kms only to fetch potable drinking water. 3. From the response filed by the State, averments of the letter petition cannot be said to be false or incorrect. Scarcity of water in the area stands admitted. 4. The only explanation forthcoming is that five hand pumps stand installed in and around the villages. This was necessitated on account of drying up of perennial sources of water in the villages on account of lack of adequate rain. Additionally, two public hydrants from the Lift Water Supply Scheme Gahighat stand provided in village Kurla. 5. It also stands explained that I&PH department of the State has already prepared a Scheme for lifting the water from nearby perennial source, but perhaps with the assistance from the Central authorities/instrumentalities of the State, the Scheme would become operational in due course. 6. Ordinarily, we would have kept the matter alive, but, however, are persuaded by the learned Advocate General to close these proceedings by leaving it to the concerned Secretary to take a decision for providing adequate potable water to the residents of villages. 7. What has also weighed with us is the fact that the villagers have now decided to file a proper petition either before this Court or pursue the matter with the authorities concerned, including the Principal Secretary (I&PH) to the Government of Himachal Pradesh. We are informed of such fact by learned Amicus Curiae, who is in touch with the letter petitioners. 8. We are informed of such fact by learned Amicus Curiae, who is in touch with the letter petitioners. 8. As such, we dispose of the present petition with the following directions: (i) The Principal Secretary (I&PH) to the Government of Himachal Pradesh shall take appropriate action of ensuring that adequate potable drinking water is made available to the residents of villages Karari, Kurla, Johdi, Guthan, Kheel and Shrighat falling within Tehsil Kasauli, District Solan, H.P. (ii) Liberty is reserved to the letter petitioners as also the other residents of villages to pursue the matter with the appropriate authorities and/or independently file a writ petition. 9. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Prashant Sharma, learned Amicus Curiae, who, on the instructions of this Court, contacted letter petitioners and obtained necessary feedback. Registry is directed to send a copy of this order to the Chief Secretary to the Government of Himachal Pradesh for necessary action as well as to the letter petitioners to enable them to take follow up action with the concerned authorities.