IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 2114 OF 2009 (MS) Gram Sabha Lachham Pur ………….Petitioner. Versus State of Uttarakhand and Others. ……..Respondents. Mr. Jagdish Chandra Belwal, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand/respondent no. 1. Mr. Mohit Maulekhi, Advocate holding brief of Mr. D.S. Patni, Advocate for respondent no. 2 and 3. Hon’ble Sudhanshu Dhulia, J. Heard Mr. Jagdish Chandra Belwal, Advocate for the petitioner, Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand/respondent no. 1 and Mr. Mohit Maulekhi, Advocate holding brief of Mr. D.S. Patni, Advocate for respondent no. 2 and 3. This petition has been filed by the Gram Sabha, Lachham Pur, Tehsil Haldwani, District Nainital through its Sabhapati with the prayer that the Mini Tube Well which is being constructed/installed at Village Lachhampur, which is in the Gram Sabha, Lachhampur should be shifted to some other place. The allegation of the petitioner is that the Mini Tube Well which is being constructed/installed in the Gram Sabha Lachhampur and the villages therein for the purpose of supplying drinking water will only cater upto 20% of the population inasmuch the Tube-Well is being drilled/constructed at a place which is not suitable and consequently it would not be technically feasible to supply drinking water to the entire village. 2 In the counter affidavit filed by the Uttaranchal Pey Jal Nigam, it has been stated that there is no fault with the construction of the Tube-well as well as in the location of this construction. In other words, the drinking water can easily reach the entire village, from the place it is presently being constructed. A rejoinder affidavit has been filed today by the petitioner in the Court. The same is taken on the record. Vide an interim order dated 15.12.2009 of this Court, respondents have been restrained from doing any construction or drilling work on the site. This interim order is operating as on date. However, on the consent of Mr. J.C. Belwal, learned counsel for the petitioner as well as Mr. Mohit Maulekhi, learned counsel for respondent no. 2 and 3, this writ petition is being disposed of with the following direction: The District Magistrate, Nainital, who is presently impleaded as respondent no. 1 shall make an inspection of the site along with Superintendent Engineer as well as Executive Engineer, Construction Division, Uttarakhand Pey Jal Nigam, Limited, Haldwani, District Nainital, who are impleaded as respondent no. 2 and 3 respectively to the writ petition and re-examine the feasibility as well as the location of Mini-Tube Well, which is being primarily constructed / installed for supplying drinking water to Village Lachhampur. The District Magistrate, Nainital along with respondent no. 2 and 3 shall also hear any objection raised by the petitioner for construction / installation of the Mini Tube Well on the site and may also hear other representatives of the Village, before coming to a conclusion. This inspection shall be carried out within three weeks from today. 3 Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State of Uttarakhand undertakes to inform the District Magistrate as well as respondent no. 2 and 3 in this regard, for which a certified copy of this order shall be given to him free of cost within 24 hours from today. Till a decision is reached in the matter, status quo on the site shall be maintained. However, if the District Magistrate after consultation with respondent no. 2 and 3, as well as the representatives of the village including the petitioner, as referred above, comes to a decision, the same shall be implemented forthwith without any further delay as the matter pertains to the supply of drinking water for the village. It is clarified that this Court has neither entered into merits of the case, nor given any findings on it. All the Court wants is that the District Magistrate and respondent no. 2 & 3, should re-examine the issue in the light of the directions given above. Whatever decision they take should be for the benefit of the entire village, keeping the technical feasibility of the project in mind. In case the District Magistrate and his team come to the conclusion that there is no fault with the present site, where the construction is being made, the construction shall commence immediately without any further delay. Similarly in case a different conclusion is reached by this team and a better site is located, then the same should also be done immediately. What is important is that there should not be any inordinate delay in this matter. With the above observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) Vacation Judge 6.1.2010 Rathour