CWP No. 11586 of 2011 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 11586 of 2011 Date of Decision: 19.12.2011 Kidwai Nagar (East) Welfare Soiety (Regd.) ...Petitioner Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, 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.Nitain Thati, Advocate, for the petitioner. Mr. Sandeep Moudgil, Deputy Advocate General, Punjab for respondent No.1. Mr. R.S.Bajaj, Advocate, for respondent No.3. Mr. V.K.Kaushal, Advocate, for respondent No. 4. Mr. Salil Sagar, Senior Advocate with Mr. Smarth Sagar, Advocate, for respondent No.5. **** SURYA KANT, C.J. In this petition, purportedly filed in public interest, Kidwai Nagar (East) Welfare Society (Regd.)-petitioner seeks a direction to stop the construction of a pumping station in and around the Municipal Park known as Nanda Park in Kidwai Nagar, Ludhiana for the project of storm sewer in Janakpuri, Ludhiana, as according to the petitioner, the installation of the pumping station at the proposed site would casue danger to the life and liberty of the residents of the CWP No. 11586 of 2011 [2] area'. A further direction to continue installation of the Storm Sewer at Janakpuri Road, Ludhiana, as per the earlier proposal, whereupon more than ` 20 lacs are already said to have been spent by the Punjab Water Supply & Sewerage Board, has also been sought. 2. The petitioner is a registered society under the Societies Registration Act, 1860 and is said to have been constituted for the social, moral and intellectual uplift of its members as well as the general public. It statedly represents more than 100 houses in Kidwai Nagar of Ludhiana. Janakpuri is another residential locality of Ludhiana City adjoining the Kidwai Nagar and is alleged to be a thickly populated low lying area due to which a lot of water accumulates in and around Janakpuri during the rainy season. The Punjab Water Supply & Sewerage Board (for short 'the Board') made a proposal to install a sewer at Janakpuri Road comprising 24”, 32” x 36” I.D. Pipe through which the rainy water was to be taken towards Samrala Chowk and from there it was to be lifted through a pumping station and thrown in Buddha Nala. The proposal was finally approved by the Municipal Corporation, Ludhiana in July, 2006 and a sum of ` 92.00 lacs was deposited with the Board. The work also commenced at the site and about Rs. 21 lacs are said to have been spent by the Board. The petitioner-society alleges that after the State Assembly Elections held in 2007 and with the change of political party in power, the pending project was scrapped and instead of completing it, the Municipal Corporation, Ludhiana authorised the Board on 09.08.200 to construct the pumping station in the Municipal Park known as 'Nanda Park' located at Kidwai Nagar, for which CWP No. 11586 of 2011 [3] tenders were also invited on 03.01.2011. The petitioner society opposes change of the site for the construction of the pumping station, as according to it, the Municipal Park (Nanda Park) is used by the residents of Kidwai Nagar, Ludhiana as the park is fully maintained with lush green ground, flowers and trees and most of the elders of the locality enjoy their morning and evening walks in the park besides it provides re-creational activities to the children. Also a tubewell installed in the said park supplies fresh water to the nearby residents of the area. It is alleged that the pumping station is being installed in Nanda Park without conducting any survey or taking advice from the Experts as the level of Kidwai Nagar is lower than that of the Janakpuri area and if the accumulated rainy water is allowed to be drained from Janakpuri to Kidwai Nagar it will deteriorate living conditions of the residents of Kidwai Nagar who are already facing a similar problem of excessive accumulation of rainy water. 3. Upon notice, the respondents put in appearance and on 08.08.2011, it was stated on behalf of the Board, who is the Nodal Executing Agency of the project, that “pumping station is being set up for draining the rainy water and will not be a danger to the life of the citizens as apprehended in the writ petition. The site of construction has now been shifted to the barren portion of the Mini Rose Garden”. Thereafter, when the matter came up for hearing on 12.08.2011, it was stated on behalf of the petitioner that due to construction of the pumping station, the houses in the nearby area have developed cracks. The aforestated stand on behalf of the petitioner was reiterated on 12.09.2011 also. CWP No. 11586 of 2011 [4] 4. We may at this stage refer to the counter affidavit filed on behalf of the respondents. The Board in its reply/affidavit has categorically averred and is not disputed by the petitioner-society also that the site for disposal of storm water has been shifted to a vacant and deserted part of the Mini Rose Garden adjoining a Nala which ultimately is connected to Buddha Nala as per the site plan (Annexure R-4/1) and the new site of the pumping station is at a distance of 1100 feet away from the old site, namely, Nanda Park, Kidwai Nagar. The Board has categorically denied the apprehension that the construction of pumping station would have any adverse environmental impact. It is categorically averred that :- “That it is admitted that the ground level of Kidwai Nagar is lower than that of Janakpur and this is the only reason for execution of this project over this place. Due to natural flow of gravity, the storm water in the undergound pipes will flow freely and as the water is to be transported in the underground pipes, there is no reason for accumulation of water over here. It is wrong and denied that no expert opinion has been obtained. Infact the officers of the Respondent No.4 are themselves experts in the field whose advise is taken by other department in this regard. The storm water will be further lifted by three pumps and thrown in the nala which will further take the water to Buddha Nala and thus, all the apprehensions of the petitioners are without any basis.” 5. The Board has also placed on record a status report dated 26.09.2011 pointing out that no damage whatsoever has been caused to any building during the execution of the pumping station project. 6. The Municipal Corporation, Ludhiana has also filed its reply/affidavit explaining that the project initiated in the year 2006 CWP No. 11586 of 2011 [5] had to be abandoned as the National Highway Authority of India started the work of six laning of the entire stretch of G.T.Road including the stretch through which the undergound pipes were to be taken to Buddha Nala on G.T. Road-Tajpur Road and since there was no possibility of grant of no objection by the National Highway Authority of India for laying of rising main on G.T.Road, there was no option but to modify the project. 7. We have heard learned counsel for the parties at some length and gone through the record. 8. In the light of the categorical stand taken on behalf of the Board and the Municipal Corporation, we are satisfied that one of the main grievance of the petitioner society, namely, that the pumping station should not be constructed in Nanda Park has been effectively redressed as the site of the pumping station has been shifted to a deserted place causing no nuisance whatsoever to the residents of Kidwai Nagar. The change in site has resultantly kept the Nanda Park intact for its use and enjoyment by the residents of Kidwai Nagar. As far as the apprehension of the petitioner society regarding accumulation of rainy water in Kidwai Nagar is concerned, we have no reason to doubt the expert opinion of the engineers of the Board who have decided to implement the subject project after due application of mind. The reason assigned by the Board authorities as to why the underground pipes should pass through Kidwai Nagar due to natural flow of gravity sounds logical and calls for no interference by this Court in exercise of its jurisdiction under Article 226 of the Constitution. CWP No. 11586 of 2011 [6] 9. It is informed that 90% of the project has already been completed. In this situation of the matter, we are of the considered view that no further directions are required to be issued in this Public Interest Litigation except to direct the respondents that on completion of the project if it is found that the rainy water is accumulating in Kidwai Nagar also, they shall take necessary remedial measures to drain the same out and if so required initiate a new project in the same manner as has been done for the residents of JanakPuri, Ludhiana. 10. Disposed of. (RANJAN GOGOI) (SURYA KANT) CHIEF JUSTICE JUDGE 19.12.2011 'ravinder'