Himachal Pradesh High Court
Smt. Neema Devi @ Neema Pathania vs State Of H.P. And Others on 1 July, 2016
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CRMMO No.199 of 2016 Date of Decision : July 1, 2016 .
Smt. Neema Devi @ Neema Pathania ....Petitioner.
versus State of H.P. and others ...Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Judge.
of For the Petitioner : Mr. R.L. Chaudhary & Mr. H.R. Sidhu, Advocate.
For the Respondents : Mr. R.S. Verma, Additional Advocate General for respondents-State. rt Sanjay Karol, Judge Having heard learned counsel for the parties as also perused the record, no ground for interference is made out, in the present petition filed under the provisions of Section 482 of the Code of Criminal Procedure, read with Article 227 of the Constitution of India.
2. For better appreciation of the controversy in issue, impugned order dated 12.3.2016 (Annexure P-10) is reproduced as under:
"Whereas the inquiry into the conditional order issued by me today on 12/03/2016 is pending and it has been made to appear to me by credible sources including the technical agency i.e. HP PWD that the blockage of your drain beyond the HP PWD culvert situated in Khasra no.1214 in Up Mohal Tehsil Chowk which is recorded as Ghair Mumkin Nali in revenue papers has led to a flood like situation especially due to the heavy rain ::: Downloaded on - 15/04/2017 20:44:49 :::HCHP ...2...
experienced in the last 48 hours, and that such threat is imminent keeping in view the forecast of heavy rain that continues in the coming days;
And whereas the stagnant water in the middle of the town poses a great hazard to public .
safety, health and sanitation and that the rain water is mixing with the dirty drainage water of the entire town and market and has become highly toxic, it can lead to any kind of outbreak of water borne diseases including jaundice which has recently claimed many victims in Shimla and Solan, and that such cases are on the rise in Kangra Town as well;
of And whereas the Hon'ble High Court of Himachal Pradesh vide CWPIL No.1/2016 Court on its own motion Vs. State of HP, taking suo moto cognizance of the matter of jaundice and water borne diseases in the state has directed the state rt govt. and all authorities thereunder to take strict action regarding the impending danger of jaundice in the state;
And whereas the level of stagnant water has risen to such a point after the recent spate of rain that it has inundated the shops and houses located in the said area near the old bus stand and is causing great inconvenience, nuisance and is dangerous for the vehicular as well as human traffic and is also likely to lead to breach of peace and law and order in the area;
Whereas this particular area affected by the water stagnation is situated right in the middle of the main bazaar area on the state highway and the blockage of the drain beyond the HP PWD culvert by you is causing great nuisance to the general public which renders it necessary that immediate measures be taken to prevent such danger or injury, I do hereby under the provisions of Section 142 read with section 144 of the Code of Criminal Procedure, 1973, direct and enjoin you forthwith to remove/dismantle the blockage created by you beyond the HP PWD culvert from where water has been flowing since many years towards the drain constructed by the Municipal Committee and into ::: Downloaded on - 15/04/2017 20:44:49 :::HCHP ...3...
the main drainage line, pending the result of the enquiry started under Section 133 of the CrPC.
Dated this 12th day of March, 2016."
Without responding to the same, petitioner has filed the .
present petition.
3. The Sub Divisional Magistrate, Kangra, has only directed the petitioner to remove the obstruction, for ensuring free flow of rain water, which had stagnated in front of her of property, causing highly toxic conditions, apprehending outbreak of water borne diseases, including jaundice. Such action came to be taken only with the passing of the orders by rt this Court.
4. It is contended on behalf of the petitioner that collection of water is not on account of the acts of the petitioner, but as a result of the choking of the drainage pipe, as also due to diverting of the water by her neighbours/encroachers of the National Highway.
5. These facts, if true, can be brought to the notice of the Sub Divisional Magistrate, who is fully empowered in law to take necessary action.
As such, present petition, devoid of merit, is dismissed, so also pending application(s), if any.
( Sanjay Karol ),
July 1, 2016(sd) Judge.
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