Punjab-Haryana High Court
Palam Vihar Residents Association ... vs State Of Haryana And Others on 30 April, 2012
Author: Alok Singh
Bench: Alok Singh
CWP No. 6075 of 2006 -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CWP No. 6075 of 2006
Date of Decision: April 30, 2012
Palam Vihar Residents Association (Regd.)
----Petitioner
Versus
State of Haryana and others
---Respondents
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. R.M. Singh, Advocate for the petitioner.
Mr. Narender Singh, DAG, Haryana for respondent Nos. 1, 2 4 and 6.
Mr. Arun Walia, Advocate for respondent Nos. 3, 7 and 8.
Mr. Gautam Kaile, Advocate for Mr. Rajiv Sharma, Advocate for UOI-respondent No.9.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest? M.M. KUMAR, ACJ.
1. The instant petition filed under Article 226 of the Constitution prays for issuance of direction to respondents to provide proper and functional sewage system and to maintain the system for the residents of Palam Vihar in consonance with law particularly in terms of Section 2(A) of Haryana Urban Development Authority Act, 1977 (for brevity 'the Act'). A further prayer has also been made to maintain the storm water drains and water harvesting system by CWP No. 6075 of 2006 -2- connecting them to mini natural harvesting system sufficiently, adequately and appropriately. A writ of prohibition has also been prayed for and directions have been sought to the respondents to disconnect sewage lines to the storm water drains or spilling the untreated sewage water and untreated industrial effluents out in the open in the storm water drain thereby creating serious health hazard to the residents of Palam Vihar and adjoining areas.
2. In response to the notice of motion having been issued, respondent Nos. 3 to 7 filed separate replies. Likewise, respondent No. 5 filed a counter affidavit and another written statement was filed by respondent No.8. At the time of hearing, various additional affidavits were filed, which have been commented upon by the Division Bench. For example, in order dated 19.09.2007, a Division Bench of this Court adversely commented upon an affidavit filed by Executive Engineer, HUDA, Division No.2, Gurgaon observing that the affidavit was totally vague. According to the Division Bench, in paragraph 5 of the affidavit, it was stated that in reaches where the open drain passes through Palam Vihar Colony, it is 11 ft. wide and the drain had already been covered with RCC slabs as per the undertaking already given in the affidavit dated 22.02.2007. The total length of the open drain passing through Palam Vihar Colony, was not mentioned. It was further pointed out that the area of the drain where RCC slabs, had been placed and the area which was yet to be placed under it, was not clearly spelt out. Likewise, on the statement made in paragraph 2 of the affidavit with regard to the sewerage of open drain and nalies of village Dundahera, the order CWP No. 6075 of 2006 -3- records the admission made by the Executive Engineer, HUDA, Division No.2, Gurgaon that these were connected with the storm water system on old Delhi Road, which was further connected with the storm water drain passing through Palam Vihar. Due to misuse of drain, the village excreta came in these open drains of village Dundahera and the storm water which was meant to carry the rain water and got mixed with sludge. The Bench required the respondents to file fresh affidavit
3. After a period of more than 4 years, the affidavit has now been filed by the Executive Engineer, HUDA, Division No.2, Gurgaon stating that the sewerage line measuring 10085 meters was likely to be completed by 30.06.2009 as was stated in the affidavit dated 15.03.2008. It was thereafter that the interconnections of running sewerage lines with newly laid sewer lines has been completed in most parts but work in respect of three points remains to be completed and the same is stated to be in progress, which is likely to be completed within 30 days from today. According to para 2 of the affidavit, the sewerage line has been laid in full length and there would be no discharge of sewerage water or industrial effluent in storm water drain after completion of work.
4. The aforesaid findings would show that the respondents have acted very slow in complying with the directions issued by this Court at various stages. The period, which has now been sought would come to an end on 31.05.2012. The affidavit of Sh. V.K. Shokand, Executive Engineer, HUDA, Division No.II, Gurgaon is taken on record and the respondents shall remain bound by the CWP No. 6075 of 2006 -4- undertaking given to this Court that the work will be completed by 31.05.2012 by interconnections of running sewerage line with newly laid sewerage lines on all the points including three points for which the work is likely to be completed within thirty days. The latest status report shall be filed with all details showing that there has been no intermingling of sewerage line discharging any sullage/ industrial effluent in the storm water drains in the area of Palam Vihar and adjoining areas. It is also made clear that no sullage or industrial effluent is discharged in storm water drain. The writ petition is disposed of. The respondents must file status report on or before 31.08.2012 with a copy in advance to learned counsel for the petitioner.
(M.M. KUMAR)
ACTING CHIEF JUSTICE
(ALOK SINGH)
April 30, 2012 JUDGE
Atul