Himachal Pradesh High Court
Deepak Gupta vs . State Of H.P & Ors. on 24 May, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
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Deepak Gupta vs. State of H.P & Ors.
CWP No.856/2018A 24.5.2022 Present: Mr. G.C. Gupta, Sr. Advocate with Ms. Meera Devi, Advocate, for the petitioner.
Mr. Ashok Sharma, Advocate General, Mr. Rajinder Dogra, Sr. Addl. AG, Mr. Vinod Thakur, Mr. Shiv Pal Manhans, Addl. AGs, Mr. Yudhbir Singh Thakur and Mr. Bhupinder Thakur, Dy. Advocates General for the respondents-State.
r The safe and potable drinking water is a fundamental right of every citizen is subject matter of the instant lis.
2. Allegations and counter allegations have been levelled by both the parties. The petitioner would contend that drinking water is not available for weeks together, whereas the contention of the respondent is that as per the norms, water supply to the rural habitants at the rate of 70 LPCD, as against the Government of India norms 55 LPCD is being provided, not only to the petitioner, but also to the residents of the adjoining villages.
3. This petition is pending before this Court for the last about four years and not much progress has been made by the respondents-State. Therefore, in order to get a clear-cut picture, in the background of the allegations and counter allegations levelled by both the parties, we deem it proper to appoint Ms. Ragini Dogra, Advocate, as Court Commissioner, who after reaching the spot and also adjoining areas, shall submit report on the following points :
i) regarding the availability of water source in the peripheral residence of the petitioner ;
ii) the availability and regularity of the water being supplied to the petitioner and other adjoining inhabitants.
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4. The Court Commissioner shall also submit her report alongwith the photographs about the sources of water, as referred and shown in the sketch.
5. The Court Commissioner shall visit the spot on 30 th May, 2022 at 11:00 a.m and inspect the existing water tank that had been constructed for providing water supply to Village Khannoo and Challan.
6. Initially, respondents No.1 and 2 are directed to pay a tentative amount of Rs.20,000/- (rupees twenty thousand only )to the Court Commissioner at the spot towards her expenses and fee.
List on 21st June, 2022.
Authenticated copy of this order be supplied to the learned counsel for the parties during the course of the day.
( Tarlok Singh Chauhan) Judge ( Chander Bhusan Barowalia ) Judge 24th May, 2022 (CS) ::: Downloaded on - 24/05/2022 20:09:35 :::CIS