Himachal Pradesh High Court
Sanjeevan Singh vs . State Of H.P. & Ors. on 14 June, 2023
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Ajay Mohan Goel
Sanjeevan Singh vs. State of H.P. & Ors. CWPIL No. 81 of 2022 .
14.06.2023 Present: Mr. Abhishek Dulta, Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General, with M/s Rakesh Dhaulta, Pranay Pratap Singh, Additional Advocate Generals and M/s Arsh Rattan and Gautam Sood, Deputy Advocate Generals, for respondents no.1 to 4-State.
Mr. Mukul Sharma, Advocate, vice Mr. V.B. Verma, Advocate, for respondent No.5.
Mr. Sumit Raj Sharma, Advocate, for respondents no.6 and 7.
The inspection report dated 09.06.2021 filed by the Secretary District Legal Services Authority, Chamba, District Chamba, H.P., has been perused. It is stated therein as under:-
"During inspection, the muck effected areas in Motla village including Nallah, Government Middle School (GMS) and Primary Health Centre (PHC) were visited. It was observed that the staggered muck is lying indiscriminately in the area due to which the condition of soil/fields has degraded and the houses/cowsheds have also suffered extensive damage. Muck in huge quantity was found staggered around the GMS, PHC, houses and cowsheds situated in the village Motla. Some of the houses and cowsheds were found damaged/demolished and abandoned.
The crate protection work provided to GMS Motla was found damaged due to heavy muck (photos Annexure A-1 & A-2). The photographs depicting the situation behind the school is Annexure A-3 and the muck in nallah and fields situated adjoining to the school courtyard is Annexure A-4.
Although, the courtyard/premises of the GMS Motla and PHC, Motla were found clean and muck free, (as visible in photographs Annexure A-5 & A-6) but the rooms of the school have suffered dampness due to water logging/seepage. The In-charge of the school namely, Sh. Kartar Singh also informed that the school had suffered huge loss in terms of damage to the property due to flash flood/muck which comes from the nallah situated adjoining to the School (as visible in photograph Annexure A-7).
As per the revenue record and as stated by the revenue officials, the gair mumkin nallah is situated on the Government land (i.e. khasra No. ::: Downloaded on - 15/06/2023 20:31:49 :::CIS 1186/235) regarding which the Jamabandi is Annexure B and Nakal Aks Shajra Kishtwar is .
Annexure C (annexed in original).
During inspection, one of the dumping sites was also visited. A water tank was found on the lower hill side of said dumping site which is near to the source of nallah present on the upper hill side (as visible in photographs Annexure A-8 & A-9). It was observed and had also been told by the villagers that said water tank is under constant danger of collapse due to sliding of the muck from said dumping site. (Line plan of Motla Sukhiar road depicting the dumping sites is Annexure D).
At the time of inspection, some persons residing in the effected houses were also associated. In this context, the statements of Smt. Sanju Balla W/o Sh. Vinod Kumar, Smt. Parmela Devi W/o Sh. Tholi Ram, Smt. Anju Devi W/o Sh. Rakesh Kumar, Sh. Sudharshan Kumar S/o Late Shri Bihari Lal and Smt. Veena Devi W/o Sh. Desh Raj have been recorded (annexed in original as Annexure E-1 to E-
5). Some of them stated that the muck was removed by the HP Public Works Department but some have alleged that they had removed the muck themselves.
It was observed that in some houses, muck is still there and those houses have now been abandoned, they being not fit for human habitation. Some houses and cowsheds were found damaged and few were stated to have been buried beneath the muck. The muck was also found present in the nallah and had temporarily been channelized by deploying JCB (as visible in photograph Annexure A-10).
It was informed that the agricultural land has also been affected due to muck. The villagers have alleged that the contractors executing the road construction work had executed the work negligently and in unscientific manner which has caused loss to the village (in terms of damage to natural sources of water, fields and property). The photographs depicting damage to the houses and cowsheds are Annexure A-11 to A-17.
On the spot it has also been admitted by some officers as well as the villagers that the problem relating to flash flood causing deposition of muck is a regular phenomenon which happens every time when it rains in the area and the villagers residing near the nallah are living in constant fear of loss of life and property."
A perusal of the above contents of the said report indicate gross inaction and negligence on the part of the officials of the Public Works Department in keeping the area of Motla ::: Downloaded on - 15/06/2023 20:31:49 :::CIS village and the surroundings, muck free, thereby damaging the .
property of the residents of the area and also endangering the nearby water tank.
The Engineer-in-Chief as well as the Executive Engineer, Public Works Department of Himachal Pradesh, appointed for this area, are directed to file affidavits within one week as to what action is proposed to be taken to restore the status quo ante, and within what time will such status quo ante be restored. They shall also explain what action they propose to take against the Contractors engaged by them who are allegedly responsible for this muck lying in the area.
The Engineer-in-Chief as well as the Executive Engineer, Public Works Department concerned, are ordered to be impleaded as party respondents in the writ petition.
List on 22nd June, 2023.
(M.S. Ramachandra Rao) Chief Justice (Ajay Mohan Goel) Judge June 14, 2023 (Vinod) ::: Downloaded on - 15/06/2023 20:31:49 :::CIS