High Court Punjab-Haryana High Court

Balwinder Singh And Others vs State Of Haryana And Others on 17 March, 2009

Punjab-Haryana High Court
Balwinder Singh And Others vs State Of Haryana And Others on 17 March, 2009
            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                CWP No. 9996 of 2008
                                Date of Decision: March 17, 2009

Balwinder Singh and others                                ....Petitioners
            Versus
State of Haryana and others                               .....Respondents

CORAM:      HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE HEMANT GUPTA

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

Present:    Shri Varun Gupta, Advocate, for the petitioners.
            Shri Rameshwar Malik, Additional AG, Haryana,
            for respondents No. 1 to 3.
            Shri Rakesh Gupta, Advocate, for respondent No.4.

Hemant Gupta, J.

The present petition, filed in public interest, prays for issuance

of a writ of mandamus directing the respondents to clean and fill the pond

built illegally in the residential area of village Mehra in which village waste

is dumped openly.

The petitioners, who are residents of village Mehra, have

pointed out that there is no sewerage system provided in the village and

waste disposal is dumped into a large pit dug in the middle of the village

adjoining the residential area. Such disposal is without any treatment and

that such unhygienic area is causing danger of spreading deadly diseases.

The petitioners approached the Gram Panchayat for setting up of a proper

sewerage /water disposal system, but no action has been taken. Even the

Senior Medical Officer, has raised serious concerns about the disposal of

the sewerage in the open pit in between the residential area. It has been

pointed out that such accumulation of waste has even led to death of a
CWP No. 9996 of 2008 (2)

young man, named, Shakeel and another young girl.

In the counter affidavit filed on behalf of the Block

Development and Panchayat Officer, it has been submitted that the dirty

water from the alleged pond, which is a part of Abadi in the shape of a low

lying area is required to be drained out to another pond bearing No.107. The

site in question is recommended to be closed by earth filling and is to be

used by the Gram Panchayat for other common purposes. Copy of the report

in this respect has been appended as Annexure R.1. Subsequently, the

Deputy Commissioner has filed a status report in consultation with the

experts from Department of Water Supply and Sewerage Board and

Haryana State Pollution Control Board. A Committee was constituted by

the Deputy Commissioner and the said Committee visited the spot and

submitted a proposal for filling up of pond No. 101, which still exists in

Abadi Deh; the proposal for proper drainage system to drain out the waste

water of the remaining abadi of the village; waste water disposal by earth

filling of some portion of pond situated in Johar No. 107 by separating the

existing pond, providing sump well, pumping machinery etc. and

constructing Nala 1-1/2′ x 2′ upto panchayat land in murba No. 109 for

disposal of water from village pond Johar No. 107. The first and second

proposals are recommended to be in the first phase at the cost of

Rs.50,36,000/-, whereas the third and fourth proposals are recommended to

be carried out at the cost of Rs. 34,37,000/-. It has also been pointed out in

the report that the project proposal for waste water management of this

magnitude does not fall in the existing rural development schemes and

funds are not available at the district level. The proposed project has been

sent to the Government for approval.

CWP No. 9996 of 2008 (3)

After hearing learned counsel for the parties, it transpires that

Johar No. 107 is earmarked for the village pond. The area in question falls

in Johar No. 101, which is part of Abadi, but the waste water is being

accumulated in the said Johar. 487500 qubic feet of earth is required to fill

up the area in question in the writ petition as per the status report submitted

by the Deputy Commissioner.

This Court on 3.11.2008 had opined that filling up of Johar No.

101, will deprive the village of the benefit of a water body, which is

essential for vegetation and replenishment of the other soil water and an

innovative and ingenious solution which may permit continuation of Johar

No. 101 and yet prevent inconvenience to the villagers and any threat to the

lives of the inhabitants, be evolved by the authorities in consultation with

some experts on the subject. It was pursuant to said directions that the

Deputy Commissioner has submitted the status report mentioned above.

Since the Committee of experts has recommended filling up of Johar No.

101, therefore, it is for the respondent-authorities to proceed ahead and take

appropriate steps to implement the decision taken by the Committee

presided over by the Deputy Commissioner. It shall be open to the

respondents to plan a road map for undertaking the work of Phase-I and

Phase-II of the proposal, as expeditiously as possible so as to take care of

the difficulties faced by the villagers.

With the said direction, the writ petition stands disposed of.

(T.S. THAKUR)                                      (HEMANT GUPTA)
CHIEF JUSTICE                                          JUDGE


March 17, 2009
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