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2018 DIGILAW 418 (HP)

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

2018-03-20

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Sanjay Karol, C. J. - On the basis of a Letter Petition, addressed by the residents of Villages Bela, Abhipur, Thanthewal, Ganguwal, Mandiarpur and other surrounding villages, Tehsil Nalagarh, District Solan, Himachal Pradesh, this Court, taking suo moto cognizance, issued notice. 2. On 28. 8. 2017, this Court passed the following order: "Letter written to the Chief Justice of this Court by the villagers of villages Bela, Abhipur, Thanthewal, Gaguwal and Mandiarpur, Tehsil Nalagarh, in public interest was treated as a writ petition. The grievance being that the State has decided to construct a Sewerage and Sullage Master Tank inside the village, which site is perhaps the most inadequate and unsuitable from every aspect of the matter. From the construction of the proposed sewerage and sullage tank, the basic character of the town is likely to be destroyed, apart from adverse effect, including health, it would have on the local population. " 3. Certain intervening developments took place and the scope of the present petition was narrowed down. All this stands recorded in our order dated 11. 9. 2017, which is reproduced as under: "On a Letter Petition, this Court took suo motu cognizance and asked the State to respond to the grievances vented out by the residents of villages Bela, Mandiarpur, Abhipur, Thanthewal and Gaguwal, Pargana and Tehsil Nalagarh, District Solan, H. P. This Court appointed an Amicus Curiae to communicate with the villagers as also the authorities and assist the Court. The issue primarily pertains to the establishment of Sewage Treatment Plant in the heart of the village. Apprehending that the authorities may not be able to effectively establish and run the Plant, which may be a source of nuisance, villagers approached this Court. Pursuant to series of meetings, so held by the S. D. M. , Nalagarh with the villagers and with the efforts put in by the learned Amicus Curiae, quite apparently to a large extent, the matter stands amicably resolved, which fact is evident from the affidavit filed by the S. D. M. , Nalagarh, annexing a Deed of Compromise-cum- Settlement Deed, dated 8th September, 2017, in that regard, which is taken on record. The Sewage Treatment Plant is now to be established at the designated place with full mechanism, as also man and machinery in place. The Sewage Treatment Plant is now to be established at the designated place with full mechanism, as also man and machinery in place. The only surviving grievance, which has emerged during the course of discussions, is as to whether the water, after treatment, so discharged from Sewage Treatment Plant, can be channelized so as to irrigate the fields of the residents of the area. The Sub-Divisional Magistrate, Nalagarh, in his affidavit, states that indeed such proposal shall be to the advantage and benefit of the farmers. However, the issue is only with regard to the funds being made available. He is not an expert to analyse and evaluate the mechanism, which should be put in place for channelizing the Sewage Treatment Plant. We are informed that the Executive Engineer, I & PH of the area has suggested a Lift Irrigation Scheme, which may solve the problem, but there are no estimates before us in that regard. As such, we direct the Chief Secretary, Government of Himachal Pradesh, to explore the possibility of having such machinery in place and the feasibility of providing funds for Lift Irrigation Scheme or any other mechanism, which may be suitable and advisable for channelizing the water from the Sewage Treatment Plant, to be utilized for the purpose of irrigating the fields of the villagers of the affected areas. Needful be positively done within a period of two weeks. It shall be open for the learned Amicus Curiae to file response to the affidavit filed by the S. D. M. , Nalagarh. List on 23rd October, 2017. " 4. On 23. 10. 2017, we recorded the efforts put in by the learned Amicus in making all the residents of villages Bela, Mandiarpur, Abhipur, Thanthewal and Gaguwal, Pargana and Tehsil Nalagarh, District Solan, Himachal Pradesh, aware of the importance and significance of having the sewerage plant established at the site identified by the State. Thankfully, this issue stands resolved. 5. However, learned Amicus invited our attention to the fact that the villagers were desirous of having the water flowing from the said plant, after treatment, channelized and utilized for irrigation purpose. This we find to be of far greater public importance and interest, for it would be for the first time that such an endeavour would be adopted and experimented within the State of Himachal Pradesh. This we find to be of far greater public importance and interest, for it would be for the first time that such an endeavour would be adopted and experimented within the State of Himachal Pradesh. Accordingly, we directed the Superintending Engineer, IPH, Solan to prepare estimate of the work and forward the same to the State for according necessary sanction. 6. On 23. 10. 2017, we were informed by the learned Advocate General that in principle, proposal stood accepted and in this regard communication dated 21. 10. 2017 was also placed on record, which reads as under: "In compliance to the orders passed by the Hon''ble High Court Himachal Pradesh on 11-09-2017 in the subject cited CWPIL, it is stated that the designed capacity of the Sewerage Treatment Plant (STP) to Nalagarh Town is 3. 62 MLD for the year 2048. However, total availability of treated effluent on commissioning of plant in the year 2018 shall be about 2. 6 MLD (30 LPS) provided all the households and establishments taken as per scope of the estimate are connected with the STP through sewer network. Thus considering dependable availability of treated effluent to the tune of 75%, only 30 Hectares of nearest situated culturable land of village Bela/ Thanthewal can be irrigated by constructing a lift irrigation scheme from the outlet of STP. It is pertinent to mention here that villages of Bela, Mandiarpur, Thanthewal, Abhipur and Gaguwal of Pargana and Tehsil Nalagarh District Solan (HP) have a total 197. 76 Hectares of culturable land out of which only 30 Hectares nearest situated land can be irrigated using the treated effluent that would be available at the outlet of the STP subject to availability of funds. Accordingly a preliminary estimate for providing Lift Irrigation Scheme has been prepared by the Executive Engineer, IPH Division, Nalagarh amounting to Rs. 138. 91 Lakh. However it is submitted that the cost per hectare of the proposed lift irrigation scheme, as per the preliminary estimate, is above the prevalent cost norms adopted by the department. Detailed estimate is also being prepared simultaneously for submission to the Chief Engineer (S/Z) IPH Department U. S. Club Shimla-1 for further transmission to the Government for its approval/accord of A/A & E/S. " 7. Accordingly, we had directed the Chief Secretary to the Government of Himachal Pradesh to lend favourable consideration to the proposal. 8. On 26. 12. Detailed estimate is also being prepared simultaneously for submission to the Chief Engineer (S/Z) IPH Department U. S. Club Shimla-1 for further transmission to the Government for its approval/accord of A/A & E/S. " 7. Accordingly, we had directed the Chief Secretary to the Government of Himachal Pradesh to lend favourable consideration to the proposal. 8. On 26. 12. 2017, we also recorded that estimates for providing irrigation facility stood forwarded to the Irrigation and Public Health Department, vide communication dated 12. 12. 2017. Technical scrutiny of the same was to be carried out, as also opinion of the Pollution Control Board and clearance of the Irrigation and Public Health Department was to be obtained. 9. The Superintending Engineer, IPH Circle, Solan, has filed his affidavit dated 19. 3. 2018, clarifying that the proposal required amendment and, as such, needful was done. Further, it stood forwarded to the office of the Engineer-in-Chief, IPH Department, vide communication dated 13. 3. 2018, for further scrutiny and transmission to the Government of Himachal Pradesh. 10. We must place on record our appreciation for the efforts put in not only by the learned Amicus, but also the Sub Divisional Officer (Civil), Nalagarh, who in fact made an extra endeavour in having the residents of the concerned villages agree to the proposal of setting up of sewerage treatment plant, as originally proposed, and in relation thereto, getting the deed of compromise/ settlement, dated 8. 8. 2017, entered into. 11. We have already taken note of communications, dated 21. 10. 2017 and 23. 12. 2017, addressed by the Superintending Engineer, IPH Circle, Solan to the learned Advocate General, State of Himachal Pradesh. 12. In this backdrop, we are persuaded by the learned Advocate General to close the present proceedings, with the assurance that the possibility of having the water, discharged from the treatment plant, to be used for the purpose of irrigating the fields, shall be considered expeditiously and perhaps favourably. 13. Under these circumstances, we dispose of the present petition with the following directions: (a) The sewerage plant be established and make functional at the earliest. (b) Concern of residents of Villages Bela, Abhipur, Thanthewal, Ganguwal, Mandiarpur and other surrounding villages, Tehsil Nalagarh, District Solan, Himachal Pradesh, be redressed, in accordance with law. 13. Under these circumstances, we dispose of the present petition with the following directions: (a) The sewerage plant be established and make functional at the earliest. (b) Concern of residents of Villages Bela, Abhipur, Thanthewal, Ganguwal, Mandiarpur and other surrounding villages, Tehsil Nalagarh, District Solan, Himachal Pradesh, be redressed, in accordance with law. (c) Proposal for use of water, likely to be discharged from the sewerage treatment plant, for irrigation purpose, be considered and decided expeditiously and not later than six months from today. (d) Liberty is reserved to the residents to take recourse to such remedies as may be so advised, if so, required and desired, subsequently. Also, it shall be open for the residents to approach this Court again for redressal of the surviving grievances. (e) Status report be filed on the affidavit of the Principal Secretary, IPH, Government of Himachal Pradesh, as also the Engineer-in-Chief, IPH Department, U. S. Club, Shimla, within a period of four weeks from today, for which purpose the matter be listed before the Additional Registrar (Judicial) of this Court on 24. 4. 2018. In view of the above we close the present proceedings. Pending application(s), if any, also stand disposed of.