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Judgment
Ravi Malimath, J
On an application being made by Shri Kubar Singh Dangwal to Hon’ble the Chief Justice of Uttarakhand High Court regarding scarcity of
drinking water in Uttarakhand and supply of contaminated and unhygienic drinking water by the departments concerned, a suo motu Public Interest
Litigation was initiated in Writ Petition (PIL) No. 69 of 2009.
Since the subject matter and facts involved in Writ Petition (PIL) No. 69 of 2009 are similar to the one in Writ Petition (PIL) No. 49 of 2009, the
facts in Writ Petition (PIL) No. 49 of 2009 are considered.
Writ Petition (PIL) No. 49 of 2009 is filed in public interest seeking for a writ of mandamus directing the respondents to take effective steps for
providing safe drinking water to the residents of Nainital and consequential reliefs.
The State Government, the Uttarakhand Jal Sansthan, Uttarakhand Pey Jal Nigam Ltd, District Magistrate, Nainital, Nagar Palika Parishad,
Nainital, Lake Development Authority, Nainital, Irrigation Department and Public Works Department were arrayed as respondents. They have filed
their counter affidavits. Various directions were issued by this Court.
Affidavits as well as counter-affidavits have been filed by the respondents. Ultimately, we have considered the compliance affidavit filed by
respondent no. 2 wherein it is indicated that 215 households were found to have connected rain water disposal with the sewerage system and the
same were disconnected. Yet another 215 households were verified and the process is still going on. 76 more households were identified who had
connected rain water disposal with the sewerage system and they have also been disconnected. It is stated that a survey has been conducted and, in
various other buildings in Nainital including restaurants, hotels, institutions etc, a strict vigil is being maintained to ensure safety and cleanliness of
Nainital city.
The detailed compliance affidavit of the District Magistrate, Nainital dated 05.08.2020 has also been considered by us. He has narrated the various
schemes that have been initiated for the said purposes. The drains connecting Naini lake are being regularly cleaned and remedial measures are being
undertaken. It is stated that various projects have been undertaken, which are being carried out by the said respondent as well as the Uttarakhand
Project Development and Construction Corporation Ltd., Government Irrigation Workshop, Roorkee. It is also stated that specific amount of work has
been done to search the buildings, the water lines, Nalas etc. It is further stated that they will continue to ensure providing clean and potable drinking
water to Nainital as well as ensuring that the sewerage lines are properly maintained. Even the problem at Masjid Tiraha has also been attended to by
the concerned respondents. Various other facts have been narrated.
On considering the compliance affidavits, as well as the reports filed in this Writ Petition, we are of the considered view that at present the
grievance of the petitioner has since been answered. We are also of the view that the public interest has been specifically answered by the
respondents. Subsequent to the filing of this Writ Petition, various measures have been adopted by the respondents which have ensured a cleaner
Nainital city. The respondents, through their affidavits, have also ensured that they will continue to maintain a strict vigil over the water supply,
sewerage lines, garbage etc, and all that is necessary to maintain Nainital city as a good and clean city.
In view of the compliance affidavits, we are of the view that it would not be necessary to continue the present proceedings. Notwithstanding the
assurances made by the respondents, through their affidavits, if the acts of the respondents are found warranting interference, the same may
constitute a separate cause of action. However, we hope and expect that there will be no cause for any other public interest litigation in view of the
assurances made by the respondents through their affidavits filed before this Court.
Hence, for all these reasons, the Writ Petitions are disposed off.