CWP No. 15243 of 2007 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 15243 of 2007 Date of Decision: 24.09.2008 Jagtar Singh and others ..Petitioners versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Satinder Khanna, Advocate for the petitioners Ms. Madhu Dayal, DAG Punjab for respondents No. 1 & 4 Mr. Arvind Rajotia, Advocate for respondent No. 2 Mr. Arun Kondal, Advocate for respondent No.3 ***** T.S.Thakur, C.J. (Oral) CM No. 19237 of 2008 Allowed subject to just exceptions. CM No. 19238 of 2008 Allowed. Counter affidavit of respondent No.2 is taken on record. CWP No. 15243 of 2007 [2] CWP No. 15243 of 2007 This petition has been filed in public interest. It prays for a direction against the respondents restraining them from constructing the proposed Sewerage Water Treatment Plant on a parcel of land, which is sought to be acquired in terms of a Notification dated 21.5.2007. It also prays for a direction to the respondents to cover the sewerage water drains so that the same do not emit foul smell and adversely affect the health of the residents of the area. Appearing for the petitioner, Mr. Khanna argued that the petitioner would have no objection to the setting up of proposed Sewerage Water Treatment Plant, meant to treat the sewerage water, if the drains connecting the sewerage plant and the proposed sewerage water treatment plant are covered, thereby preventing the foul smell from affecting the health of the residents of the village. He further submitted that the sewerage water flowing from Nawanshehar Municipal Council, area eventually passes through the village of the petitioners and must also be similarly covered as otherwise the same affects the quality of lives of those living in the vicinity of the drain through which it flows. On behalf of respondent No.3 Municipal Council, it was argued that in so far as covering the drain connecting the two plants is concerned, Municipal Council would have no difficulty, in doing the needful especially because the distance between the two plants is hardly 200 yards or so. That being so, we see no reason why the respondents should not take appropriate steps to ensure that the sewerage water flows in concrete or PVC pipes between the two plants mentioned above. The needful shall in this regard be done by the respondents expeditiously but not later than six months from CWP No. 15243 of 2007 [3] today. Learned counsel for the petitioners, however, submitted that untreated and polluted sewerage water close to the village abadi is hazardous to the health of the residents of the area. In support, he drew our attention to para No. 6 of the writ petition, in which it is, inter-alia, alleged that the respondents have constructed an uncovered-unmetalled (kacha) drains which passes through the village streets of Gujjarpur Kalan and Mahalon. To buttress that assertion, the petitioners have placed on record certain photographs collectively marks Annexure P-2. A bare look at the said photographs shows that the assertion made in para No.6 that drains are passing through the village abadi remains unsubstantiated. The village abadi appears to be at a distance from the open drain visible in the photographs. It is true that in an ideal situation, all such drains carrying polluted sewerage water out of the habitation must also be adequately dealt with to prevent any disease or other health hazards spreading to the disadvantage of the residents of the area but that is the matter which has to be considered by the concerned authorities at the appropriate level and a proper decision providing a solution to the problem taken. In the present writ proceedings, it will not be possible for this Court to satisfactorily deal with the issue as to whether and if so what particular measure would be suitable or effective to deal with the problems of polluted water running out of a village abadi or a Municipal area. All that we need say is that Municipal Council, Nawanshehar and Punjab Water Supply Sewerage Board would be well advised to address this problem and find a solution for the same looking to their economic condition. Even a complete remedy eludes, the authorities at least some measures could be taken to reduce the apprehension of the CWP No. 15243 of 2007 [4] residents of the village that continuous flow of polluted water through their habitation is likely to adversely affect the quality of their lives apart from affecting the quality of sub soil water. The writ petition is accordingly disposed off with the above directions and observations leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) 24.09.2008 JUDGE 'ravinder'