Shri Panch Ram vs State of Himachal Pradesh and Others

Justice Rajiv Sharma, Judge

Petitioner is a resident of village Manpur Gudhi. His precise case is that the respondents have not given him water connection from Pilot Project Drinking Water Scheme. He has made a representation to the Sub-Divisional Magistrate, Sub-Division, Paonta Sahib, dated 6th February, 2011. He also made a representation to the Deputy Commissioner vide letter dated 30th March, 2011. He also made representations to the Bhartiya Dalit Sahitaya Akadmi, Salogra, District Solan and also to the Assistant Engineer, IPH Kafota Sub-Division, Kamrou, District Sirmour vide letters dated 8th April, 2011 and 27th May, 2011, respectively. The Executive Engineer (respondent No. 4) has apprised the petitioner that the water connection could be made available to him from Lift Water Supply Scheme, Gudhi Sharli. The petitioner has sought information under the Right to Information Act, 2005 vide Annexure P-8, which was supplied to him vide Annexure P-9, dated 27th June, 2011. Mr. Raj Negi, learned counsel for the petitioner has argued that his client is entitled to get water connection from Pilot Project Drinking Water Scheme, Manpur. He then argued that the house of the petitioner is only at a distance of 1/2 Km. from Pilot Project Drinking Water Scheme, Manpur.

Mr. Rajinder Dogra, learned Additional Advocate General and Mr. Bimal Gupta, Advocate have vehemently argued that the Pilot Project Drinking Water Scheme, Manpur is meant only for the residents of Manpur Baas. Mr. Rajinder Dogra, learned Additional Advocate General has also submitted that the respondent-State has no objection to give water connection to the petitioner from Lift Water Supply Scheme, Gudhi Sharli.

I have heard learned counsel for the parties and gone through the pleadings carefully.

The respondent No. 5 has also filed alongwith his reply the copy of Pariwar Register. It is evident from the contents of Pariwar Register that the petitioner belongs to village Gudhi. According to the petitioner his house is situate at a distance of less than 1/2 Km. from Pilot Project Drinking Water Scheme, but in the reply filed by respondent No. 5, it is stated to be more than one Km. The petitioner has not filed any rejoinder to rebut this averment contained in the reply-affidavit filed by respondent No. 5.

What emerges from the pleadings of the parties is that the petitioner is getting regular water supply from Water Supply Scheme, Nibba Nigward. It has also come in Annexure P-7 that the respondent-State has no objection to give water connection to the petitioner from Lift Water Supply Scheme, Sharli. Mr. Raj Negi has also submitted that there is scarcity of water in this water supply scheme. This fact has been denied by the respondents in the reply filed by them. However, no rejoinder has been filed by the petitioner to rebut this averment contained in the reply. Surprisingly, the petitioner has refused to get the water connection from Lift Water Supply Scheme, Sharli as is evident from Annexure P-6. In the information supplied to the petitioner vide Annexure P-9 it was brought to his notice that the Pilot Project Drinking Water Scheme is meant for the residents of village Manpur alone. It has also come in the reply that the respondent-State has already procured the necessary items to give water connection to the petitioner from Lift Water Supply Scheme, Gudhi Sharli. The Court is of the view that the petitioner can get regular water connection from Lift Water Supply Scheme, Gudhi Sarli. It has come in the reply that at present the petitioner is getting regular water supply from Nibba Nigward, which is run and managed by the Irrigation and Public Health Department. The respondent-State is ready and willing to give him water connection from Lift Water Supply Scheme, Gudhi Sharli and for that purpose necessary items have already been purchased.

Now as far as Pilot Project Drinking Water Scheme is concerned, it is being managed by the Committee of village Manpur and the respondent No. 5 is the Chairman of the same. The petitioner cannot be given water connection from this Pilot Project Drinking Water Scheme since he is already getting water supply from Nibba Nigward. The respondent-State is ready and willing to provide him another water connection from Lift Water Supply Scheme, Gudhi Sharli and in these circumstances he cannot be permitted to get connection from Pilot Project Drinking Water Supply Scheme. Consequently, in view of the observations and discussions made hereinabove, the petition is disposed of with a direction to the respondent-State to provide the petitioner water connection from Lift Water Supply Scheme, Gudhi Sharli, in case he approaches the Assistant Engineer, Irrigation & Public Health Department, Kafota, Up-Tehsil Kamrouh, District Sirmour, Himachal Pradesh, within a period of ten weeks from today. The pending application(s), if any, also stands disposed of. No costs.