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 ds