Himachal Pradesh High Court
Unknown vs 6.2018 Present: Mr. K.D. Shreedhar on 1 June, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
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CWPIL No. 79 of 2018 a/w CWP Nos. 797, 913 and 1235 of 2018 01.06.2018 Present: Mr. K.D. Shreedhar, Senior Advocate, with Anshul Attri, Advocate, as Amicus Curiae in CWPIL No. 79 of 2018.
Petitioner in CWP No. 1235 of 2018 is present in person.
Mr. Ashok Sharma, Advocate General, with Mr. J.K. Verma and Nand Lal Thakur, Additional Advocate Generals, for the respondent-State.
Mr. Naresh Kumar Gupta, Advocate, for respondent-Municipal Corporation, Shimla. Mr. Amit Singh Chandel, Advocate, for HIMUDA.
Mr. Rohit Jamwal, Commissioner, Municipal Corporation, Shimla and Mr. Vijay Kumar Gupta, Municipal Engineer, Municipal Corporation, Shimla, are present in person. Shri P.P. Ranta, Member Secretary, State Legal Services Authority is present in person. Mr. Anupam Kashyap, Special Secretary (Tourism), Government of H.P. present in person.
M/s J. S. Bhogal, Shrawan Dogra, with M/s Deven Khanna, Nishi Goel, Harsh Kalta, Advocates are present in Court.
Though the definition of "Keyman" is a person highly important or essential to the functioning of an organization, but in terms of distribution of water to the populous of Shimla town, the Keyman not only holds the key to it, but in fact on the strength of Key, he can put the entire town to ransom. Augmentation of water for the purpose(s) of ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
Lift Schemes, which presently supply water to Shimla town, is one of the two aspects of the matter. The second and perhaps at present the more relevant aspect being distribution of whatever water is available with Municipal Corporation, Shimla.
2. It is an open secret that the Keyman is the Key as far as the distribution of said water to the ultimate consumer is concerned. He is the first and the last person between the water available for distribution and the consumer. If he performs his duty honestly, prudently and skillfully, he can ensure equal distribution of water to all, but if a Keyman happens to abuse his position, then the results can be disastrous.
3. In this background and after having discussions with learned Amicus Curiae, as also learned counsel for the petitioners, learned Advocate General, Commissioner Municipal Corporation, Shimla and Joint Director, HPTDC, in continuation of our earlier orders dated 28.05.2018, 29.05.2018 and 30.05.2018, we pass following further directions:
A. If not already constituted, a
dedicated Whatsapp group be constituted
forthwith, supervised by the Assistant
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Commissioner, Municipal Corporation, Shimla, consisting of said officer as also Municipal Engineer, Municipal Corporation, Shimla and all Junior Engineers dealing with the supply of potable water, deployed with Municipal Corporation, Shimla, which group shall share details of water received from various Schemes for the purpose of distribution by the Corporation and also the details of its distribution Zonewise, which Zones have been so constituted by the Committee framed by the State. There should be hourly updates in this regard in the group. Junior Engineer concerned shall share details of all Keymen under them, including the timing and the place where each Keyman has either opened the key for allowing the water to flow or closed the same. Update in this regard on the Whatsapp group has to be within five minutes of the actual act being performed by the Keyman at the site. Details of water controlling valves (Keys) of each of the Keymen, presently holding the Key, shall be made available to Sh. P.P. Ranta, Member ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
Secretary, Himachal Pradesh State Legal Services Authority within 24 hours, for the purposes of monitoring the uploading of such information.
B. All Keymen be sensitized that if not on Whatsapp, then they should provide said information forthwith from their Mobiles to the concerned Junior Engineer(s). We hold each Junior Engineer responsible to update this data on the Whatsapp group and any laxity exercised by anyone, shall amount to contempt of orders passed by this Court. This can C. In order to check inequitable distribution of water by the Keyman, all Keymen shall be kept under surveillance and they shall be accompanied by at least two police officials and the activity of turning On and Off the Key shall be video recorded. This can easily be done through the smart phones carried by the officials, for the number of keymen are just 62 in number.
D. The factum of overflowing of water shall be forthwith shared on the Whatsapp and immediate remedial measures shall be taken in this regard not later than 30 minutes of the ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
receipt of said information. Corporation shall be at liberty to forthwith disconnect the water connections of persons/parties whose acts of omission result in such overflowing of water pending further action.
E. Jingles be prepared and aired by the Municipal Corporation, Shimla to both educate and sensitize the public at large that prudent usage of water is the need of the hour and also as to what steps should be taken by the public to conserve and save water. In Addition, State Legal Services Authority to also prepare and air such like jingles so as to sensitize the public in this regard, also informing the factum of the members of the High Court Bar Association and the PLVs assisting the officers of the Municipal Corporation.
F. Elected representatives of the Corporation be positively involved in the act of sensitizing the public of the Wards concerned, of the need to cooperate with the Cooperation in the process of distribution of water. If any of such elected representatives is found to be acting against the interest of the public at large ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
or the Corporation, then the said fact shall be forthwith reported to the Court for appropriate orders for it shall tantamount to interfere with the course of justice, which fact be made known to them. The Deputy Commissioner, Shimla, shall be at liberty to take all measures in accordance with law.
G. In the event of detection of abuse of any domestic connection which is being used for commercial/unauthorized purpose, the same be disconnected forthwith, pending action which can be so initiated against the defaulter by the Corporation.
H. In order to streamline the distribution of water intra Wards so identified by the Committee constituted by the State, approximate timings be specified within which the consumer can expect the water to be distributed in his or her area.
I. Despite orders passed by the Court, it has been reported that Municipal Corporation, Shimla is supplying water to individuals through tankers. We take exception to the same and direct that no individual save and except the offices/residences of His ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
Excellency the Governor of Himachal Pradesh and the Hon'ble Chief Minister of Himachal Pradesh, shall be provided with water in tankers by the Municipal Corporation, Shimla, especially the so called VIPs. We clarify that Municipal Corporation, Shimla, in the course of supplying water to the public at large through tankers, is not to cater to the need of individuals, meaning thereby that water is not to be distributed through tankers in the water tanks of individuals. Sh. Ranta shall keep inventory of the water distributed through such tankers.
J. It has been brought to the notice of the Court that drilling of water has been undertaken by private individuals. We direct the Deputy Commissioner, Shimla to explore the possibility of utilizing this water for purpose(s) other than drinking. The issue as to whether such like activity can be undertaken by the private individuals or not shall be taken up by the Court on the next date of hearing.
K. We also direct the State Administration to ensure that miscreants do ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
not disturb/create hurdle in the the distribution of water by the Municipal Corporation through water tankers. We further direct that no Dharnas in this regard shall be allowed to be held to ensure that the distribution of water is done to one and all in a peaceful manner.
L. The process of disconnection of water connections of defaulter hotel owners shall be commenced forthwith and no laxity shall be exercised by the Corporation in the said process.
M. Mr. J.S. Bhogal, learned Senior Counsel has apprised this Court that in the morning hours, whereas his and other households in the vicinity of his residence were not even being provided a bucket of water, an adjacent house belonging to an employee of Municipal Corporation, Shimla was witnessing overflowing of water tanks. Despite this fact being brought to the notice of the Nodal Officer, no effort was made to address the complaint. Mr. Naresh Kumar Gupta, learned Standing Counsel for the Corporation shall obtain the particulars of the area in question as also the ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
person whose water tanks were found to be overflowing and his water connection shall be disconnected forthwith and shall not be reconnected without the leave of the Court. N. We clarify that the extent of water to be distributed and the timings with regard thereto is left solely to the discretion of the Committee constituted by the State/ Commissioner Municipal Corporation, Shimla, which discretion, we are confident, shall be exercised judiciously and in public interest.
O. As apprized by the learned Advocate General, we are appreciative of the efforts put in by Hon'ble the Chief Minister in himself monitoring the situation, resulting into the increase of water to be distributed amongst the residents of Shimla town.
P. Taking into consideration the historic importance of the Town, as also the factum of Shimla being world over known as "the Queen of Hills", which attracts tourists from the entire world, Media to exercise restraint and not sensationalize the issue so as to dissuade the tourists from visiting Shimla. We are not even remotely suggesting that the ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP .
Media should not report the facts, but what we are observing is that Media should restrain from publishing material which may be construed as a message that tourists are either not welcome in the town or that the tourists should not visit the town.
4. Let the Chief Secretary, Government of Himachal Pradesh, who is Chairman of the Committee constituted by the State, file status report of compliance on his personal affidavit. The same can be handed over, in the Court, during the course of hearing.
5. The Principal Secretary (Tourism) and the Commissioner, Municipal Corporation, shall personally remain present on the next date of hearing.
List on 11th June, 2018, at 9:30 a.m. Authenticated copy to all including Member Secretary, HP State Legal Services Authority. Registrar (Judicial) to ensure compliance.
(Sanjay Karol) Acting Chief Justice (Ajay Mohan Goel) Judge June 01, 2018 (bhupender/guleria) ::: Downloaded on - 01/06/2018 23:04:37 :::HCHP