Madhya Pradesh High Court
Dr. (Smt) Rakhee Sharma vs The State Of Madhya Pradesh Thr on 23 June, 2016
1 W.P.2846/16
(Dr. (Smt.) Rakhee Sharma Vs. State of M.P. &
Ors.)
23.06.2016
Shri V.K. Bharadwaj, learned senior counsel
with Shri Raju Sharma, learned counsel for the
petitioner.
Shri Arvind Dudawat, learned Additional
Advocate General with Shri Rajeev Sharma, Chief
Engineer, Public Works Department and Shri
P.S.Gurjar, Executive Engineer Public Works
Department for the respondents No. 1 & 3/State.
Shri Vivek Khedkar, learned Assistant Solicitor General for the respondent No.2.
Shri P.D.Bidua, learned counsel for respondent No.4, Municipal Corporation.
Ms. Anuradha Singh, learned counsel for respondent No.6, Jiwaji University.
Shri Raja Sharma, learned counsel for respondent No.7, ITM University.
When the matter was taken up today, learned Additional Advocate General submits that by order dated 11.5.2016 the State Government has already directed the authorities to install the water harvesting system in Government buildings. It is further submitted by learned Additional Advocate General that a plan shall be prepared for the buildings where the water harvesting system has not been installed and the same shall be forwarded to the competent authority of the State Government for approval and as soon as the approval is received, water harvesting system shall be installed.
On the other hand, the learned Senior counsel for the petitioner has submitted that while preparing the proposal for installation of the water harvesting system, the authorities of the State Government be directed to take into consideration the water harvesting system which has been annexed from 2 W.P.2846/16 (Dr. (Smt.) Rakhee Sharma Vs. State of M.P. & Ors.) page 37 to page 85 of the writ petition. Learned senior counsel has also invited attention of this Court on I.A. No. 2910/2010 and has submitted that embankment of Amrol Dam has been damaged but the same has not been repaired by the authorities which would result in non-storage of rain water.
We have considered the respective submissions made by learned counsel for the parties.
So far the State Government's stand is concerned, taking into account the urgency of the matter involved and the impending monsoon, we deem it appropriate to direct the officers of the State Government to prepare a proposal in respect of Government buildings situate in Gwalior city at the first instance, by taking into account the water harvesting system which has been mentioned in pages 37 to 85 and so as to reach the same before the competent authority on or before 27.6.2016. Learned Additional Advocate General in the meanwhile shall seek instructions and shall apprise as to within what time the competent authority shall sanction the proposal which shall be forwarded to it by 27.6.2016. In the meanwhile, learned Additional Advocate General shall also seek instructions with regard to embankment of the dam in question where the rain water is accumulated and shall make a statement in this regard on 27.6.2016.
Shri P.D. Bidua, learned counsel for Municipal Corporation has submitted a compliance report.
3 W.P.2846/16(Dr. (Smt.) Rakhee Sharma Vs. State of M.P. & Ors.) From the perusal of the compliance report, it is evident that the Municipal Corporation has not taken the issue with seriousness. It has issued notice inviting tenders in respect of five locations, the details of which are not mentioned in the NIT and the tenders would be opened on 11.7.2016 by which half of the rainy season would be over. Admittedly, the Municipal Corporation, Gwalior has technical staff which is headed by Superintending Engineer, Public Health Engineering, Municipal Corporation, Gwalior. Taking into account the lackadaisical of the respondent-Corporation, we direct Shri R.L.S. Mourya, Superintending Engineer, Public Health Engineering, Municipal Corporation, Gwalior and the Commissioner, Municipal Corporation to remain present before this Court on 27.6.2016.
Shri Vivek Khedkar, learned Assistant Solicitor General submits that the water harvesting system is in place in Defence Research Establishment Development Organization. He shall place the aforesaid document on record by 27.6.2016. The Assistant Solicitor General submits that information was furnished with regard to the issue involved in this petition to the office of the Accountant General, Gwalior. However, some authority in the office of the Accountant General has refused to accept the letters sent by the Assistant Solicitor General. It is a matter of concern which adversely reflects on the functioning of the office of Accountant General. In the circumstances aforesaid, we are left with no 4 W.P.2846/16 (Dr. (Smt.) Rakhee Sharma Vs. State of M.P. & Ors.) option but to direct the presence of Deputy Accountant General, Gwalior. Shri Vivek Khedkar undertakes to ensure that the copy of this order shall be supplied to the Deputy Accountant General, who shall remain present on 27.6.2016 before this Court.
Ms. Anuradha Singh, learned counsel for the Jiwaji University undertakes to file photographs to show that water harvesting system is in place in several departments of the University and in respect of the remaining places work of installation of water harvesting system is in progress. Let the photographs be filed by 27.6.2016. Ms. Anuradha Singh further undertakes to file the photographs to show that in Amity University the water harvesting system is installed.
Shri Raja Sharma, learned counsel for the ITM University submits that water harvesting system is in place and he shall file an affidavit as well as photographs by 27.6.2016.
Typed copies of this order be supplied to learned counsel for the petitioner as well as learned counsel for respective respondents during the course of the day.
(Alok Aradhe) (Anand Pathak)
Judge Judge
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