Neeraj Shashwat vs State Of H.P. & Others on 21 March, 2022

[Cites 1, Cited by 8]

Himachal Pradesh High Court

Neeraj Shashwat vs State Of H.P. & Others on 21 March, 2022

Bench: Jyotsna Rewal Dua

Neeraj Shashwat versus State of H.P. & others .

CMP No. 544 of 2022 in CWP No. 253 of 2022 21.03. 2022 Present: Petitioner in person.

Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondents.

Respondents No. 2 to 4, i.e. Sh. Sanjay Gupta, Additional Chief Secretary (Social Justice & Empowerment) to the Government of H.P., Dr. Anita Mahajan, Director (Health), Sh. Aditya Negi, Deputy Commissioner, Shimla and Sh. Kapil Dev Sharma, Distt. Welfare Officer are present in person.

This Court on 7th March, 2022, passed the order directing respondents No. 2 to 5 to appear in person before this Court with the explanation as to why the compliance of order dated 07.01.2022, has not been made.

2. In order dated 07.01.2022, this Court had directed respondent No. 4-Deputy Commissioner, Shimla to inspect the Leprosy Home, situated at Leprosy Colony, Phagli, Tehsil and District Shimla, H.P., within a period of four weeks. But unfortunately, neither he inspected the site nor the repair work was carried out.

3. An affidavit dated 17th March, 2021 has now been filed by Shri Aditya Negi, Deputy Commissioner, Shimla, tendering his unconditional apology for not being able to comply earlier direction. He has with the affidavit placed on record the report of inspection carried out by him on 07.03.2022, which is an eye opener. Inspection has revealed following deficiencies:-

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 The building comprised of 18 sets in 5 blocks i.e. A, B, C, D & E. .

 All the sets are in dire need of repair and renovation as the wall is broken in which cracks have been appeared.

 Water pipes are leaking.

 Sewer system is totally damaged and toilet pipes are also in bad condition.

 The roof is leaking in rainy season. r  Electric fitting and repair work is very much required.

 Sheds have been constructed above the colony which exhales dirty water into the colony through the gutter.

 There is no boundary wall and erection of the same is necessary.

 Installation of CCTV Cameras is also required.

 Deployment of security guard is also very much needed as the residents informed miscreants hover around during the night.

4. As would be evident from above, building requires several repair works to be carried out. It is informed that an amount of Rs.47,85,200/- has been sanctioned, which now stands deposited with the H.P. Public Works Department and that the tender notice for the aforesaid repair work has been issued on 19th March, 2022, fixing today i.e. 21st March, 2022, as the last date for the receipt of tender and the work shall be completed within 55 days.

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5. Learned Counsel for the petitioner has informed .

that the building in question was constructed only about 10 years ago through the Public Works Department, but presently, the condition of the building is so bad as if it were constructed several decades ago. Moreover, he submitted that State should be required not to charge any rent, water and electricity charges from the inmates of Leprosy Home.

6. rLearned Senior Additional Advocate General submits that the respondents will find out as to who was the contractor at that time and shall ensure that appropriate action is taken against him. He submits that the Deputy Commissioner shall himself inspect the site and will ensure that the quality of work, which will now be carried out, is of high standard.

7. Having regard to submissions at the Bar, we direct the respondents to periodically get all the inmates of Leprosy Home medically examined and provide them medication at State's expense. The respondents are also directed not to charge any amount towards rent, electricity and water from the inmates of Leprosy Home, as the State being a Welfare State is under an obligation to provide such services to those inflicted with such disease. Respondents should also inform whether the inmates of Leprosy Home have any job to do and what others facilities are being provided to them.

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8. Now the matter to come up on 25.04.2022. The .

presence of respondents No. 2 to 5 is exempted for the time being.






                                       ( Mohammad Rafiq )
                                           Chief Justice




    March 21, 2022
     (hemlata)
                    r     to          ( Jyotsna Rewal Dua )
                                             Judge









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