Punjab-Haryana High Court
Court On Its Own Motion vs State Of Haryana on 30 August, 2012
Bench: Jasbir Singh, Rakesh Kumar Jain
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 12185 of 2012
Date of Decision: 30.8.2012
Court on its own motion
... Petitioner
Versus
State of Haryana
... Respondent
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.
Hon'ble Mr. Justice Rakesh Kumar Jain. Present: Mr. B.S. Rana, Additional Advocate General, Haryana.
Jasbir Singh, Acting Chief Justice (Oral) Taking note of deaths of the children occurred due to fall in the unsecured bore wells, this Court registered a suo moto action whereon the following order was passed by this Court on 2.7.2012:-
"To prevent the danger caused by non-secured bore wells, specific directions were issued by Hon'ble the Supreme Court in Writ Petition (Civil) No. 36 of 2009.
From the newspaper reporting, it appears that the State Government has not bothered to comply with the directions. Recently, one child has died after falling into a bore well. Today, there is a news item that one child has fallen in an unsecured pit, dug out by the Government authorities in Gurgaon.
Notice of motion.Civil Writ Petition No. 12185 of 2012 2
On asking of the Court, Mr. Randhir Singh, Additional Advocate General, Haryana, accepts notice on behalf of the State. Copy of the writ petition has been supplied to him in Court.
The State counsel is directed to file an affidavit of the Chief Secretary stating as to what steps have been taken to comply with the directions issued by Hon'ble the Supreme Court in the above said writ petition. A direction be also issued to the Deputy Commissioners, who after getting an information from Lambardars and Sarpanches of the villages, to intimate the Court as to how many unsecured bore wells are in existence. Steps be immediately initiated to close down those bore wells and further as and when any bore well is going to be dug out in any village, it shall be the responsibility of the Sarpanch and Lambardar and also of the Deputy Commissioner to ensure that the said bore well is being dug out with permission.
The Deputy Commissioners shall also ensure the compliance of the directions of Hon'ble the Supreme Court, if steps in that regard have not already been taken."
In response thereto, reply by way of an affidavit of P.K. Chaudhary, Chief Secretary to the Government of Haryana, has been placed on record. Paragraphs No.3 and 4 of the affidavit read thus:-
"3. That in response there to and in pursuance of the orders dated 02.07.2012, the office of Director Civil Writ Petition No. 12185 of 2012 3 General, Urban Local Bodies, Haryana vide memo dated 24.08.2012 has framed guidelines for audit of all structures posing hazards to members of the public in the area of municipalities. In the said guidelines, besides other steps, there are instructions for the Nodal Officers to ensure that directions of Hon'ble Supreme Court of India in Writ Petition (Civil) No. 36 of 2009 are strictly implemented. A copy of the guidelines dated 24.08.2012 is annexed herewith as Annexure R-1.
4. That in compliance of the orders dated 02.07.2012, all the Deputy Commissioners were asked to send the status/compliance report. In response thereto, the Deputy Commissioners have furnished the status/compliance reports and the copies of the said reports are annexed herewith as Annexure R-2 to R-22."
In the affidavit, it is stated that the State of Haryana has framed the guidelines for audit of all structures posing hazards to the members of the public in the area of Municipalities. Besides those guidelines, instructions have been issued to the Nodal Officers to ensure prevention of loss of life as has been noticed by this Court in its order dated 2.7.2012. It is further stated that pursuant to the directions issued by this Court, all the Deputy Commissioners of the State have submitted the status/compliance reports (Annexures R2 to R22). As per Civil Writ Petition No. 12185 of 2012 4 the policy dated 24.8.2012 (Annexure R1), the following measures have been suggested to be taken to prevent such like accidents in future:-
"1. To identify all structures which include open manholes, broken sewerage lines, hazardous buildings etc. that may pose hazard to members of the Public in towns and cities. The survey to identify such structures should be completed within a week, if not done already. Instruction to this regard was also given at time of meeting held on 7.7.2012 of Deputy Commissioners/Superintendents of Police.
2. A register of such hazardous structures shall be maintained in each MC under the direct supervision of Executive Officer/Secretary. This register shall be checked by the concerned SDO (Civil) atleast once in three months.
3. Nodal officers in MC should be appointed for each ward to conduct the survey and to take remedial measures.
4. The survey should be repeated every three months.
5. Nodal officers shall ensure that directions of Hon'ble Supreme Court of India issued in Writ Petition (Civil) No. 36 of 2009 are strictly implemented. Nodal officers shall be personally held responsible for any non compliance of direction of the Hon'ble Court (copy of orders is being sent separately through e- Civil Writ Petition No. 12185 of 2012 5 mail).
6. It will be ensured by the Joint Commissioner/ Executive Officer/Secretary of the concerned MC, that hazards buildings are got vacated immediately and steps to demolition/rehabilitate the building are taken as per the rules.
7. The owner of the land/premises before taking any steps for constructing bore well/tube well must inform in writing at least 15 days in advance to the concerned authorities in the area.
8. Registration details of all the drilling agencies, namely, Government/Semi Government/Private etc. should be taken.
9. Erection of signboard at the time of construction near the well with the following details:-
a) Complete address of the drilling agency at the time of construction/rehabilitation of well.
B) Complete address of the user agency/ owner of the well.
10. Erection of barbed wire fencing or any other suitable barrier around the well during construction besides pasting reflector at around the site to ensure that no mishap occur during night/or at dark location.
11. Construction of cement/concrete platform measuring 0.50x.0.50x.0.60 meter (0.30 meter above ground Civil Writ Petition No. 12185 of 2012 6 level and 0.30 meter below ground level) around the well casing.
12. Capping of well assembly by welding steel plate or by providing a strong cap to be fixed to the casing pipe with bolts & nuts.
13. In case of pump repair, the tube well should not be left uncovered.
14. Filling of mud pits and channels after completion of works.
15. Filling up abandoned bore wells by clay/sand/ boulders/pebbles/drill cuttings etc. from bottom to ground level.
16. On completion of the drilling operations at a particular location, the ground conditions are to be restored as before the start of drilling.
17. Town wise status of bore wells/tube wells drilled viz.
No. of wells in use. No. of abandoned bore wells/ tube wells found open, No. of abandoned borewells/ tube wells properly filled up to ground level and balance number of abandoned borewells/tube wells to be filled up to ground level is to be maintained at municipal level.
18. If a borewell/tubewell is 'Abandoned' at any stage, a certificate from the concerned department of Ground Water/Public health/Municipal Corporation/Private Civil Writ Petition No. 12185 of 2012 7 contractor etc. must be obtained by the aforesaid agencies that the 'Abandoned borewell/tubewell is properly filled upto ground level, Random inspection of the abandoned wells is also to be done by the Executive Engineer/Executive Officer/Secretary/ME of the municipality.
19. In case of construction/deep digging of borewells/ sewerage/water supply lines/or laying of underground cables etc., head of the educational Institution of the area concerned must be informed to "caution" all the students and all other concerned to be watchful of the ongoing activities while using the passage/area to prevent possibility of occurrence of any mishap."
We are satisfied that the measures suggested will certainly help in preventing accidental loss of life by falling into the unsecured bore wells in future. Accordingly, this writ petition is disposed of making it clear that in case any such like accident occur in future, the concerned department shall take strict action against the officer concerned who failed to act as per the guidelines.
Jasbir Singh) Acting Chief Justice (Rakesh Kumar Jain) Judge August 30, 2012 "DK"