Court on its own motion vs State of Himachal Pradesh and others

A letter petition addressed to this Court by the residents of Gram Panchayat Darbhog was treated as public interest litigation, in which it was

mentioned that the water which was being distributed/supplied to the residents of villages Darbhog, Khalentu, Kanda and Undia was from a Water

Scheme at Khal Nalla and that there were neither any water tanks of the said Scheme maintained nor water pipes had been changed since the

Scheme came into existence about 35-40 years ago. It was also mentioned that pipes were rusted and were joined with each other with rubber

instead of sockets and unions. It was also mentioned in the letter petition that matter stood reported to the concerned Officers on various

occasions, however, no action was being taken by them, as a result of which, people were being forced to consume water which was not potable.

This Court issued notice to the respondents on 28.11.2017 calling upon them to file reply and requested Ms. Abhilasha Kaundal, learned

Counsel to assist this Court as Amicus.

Reply to the letter petition stands filed and in the same, it stands mentioned that Gram Panchayat Darbhog was being supplied potable water

from the water source at Khal Nallah and that the main water storage tank, from where water was being distributed to the consumers, was not

only being maintained by the department but was also in a proper functioning condition. It also stands mentioned in the reply that water tank was

being cleaned and chlorinated as per norms regularly. It also stands mentioned in the reply that certain water pipes were changed as per

requirement in April, 2016 and June, 2017. The factum of potable water not being distributed to the villagers also stands rebutted and in this

regard it is mentioned in the reply that whenever complaints are being received from the villagers, the same are being attended to properly.

Having heard learned Amicus Curiae and learned Advocate General and after perusing the reply which stands filed to the letter petition by the

State, this Court is satisfied that proper potable water is being supplied to the villagers and further, learned Advocate General has assured the

Court that as and when any complaint in this regard is received from any of the villagers, the same shall be attended promptly.

In view of reply so filed to the letter petition and assurance given by the learned Advocate General, no further orders are required to be passed

in these proceedings and accordingly, we close the present proceedings. Before parting, we wish to place on record appreciation qua the efforts

put in by Ms. Abhilasha Kaundal, learned Amicus Curiae, who on the instructions of this Court, contacted letter petitioner and obtained necessary

feedback. Pending miscellaneous application(s), if any, also stand disposed of.