C.W.P NO. 2855 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 2855 OF 2007 DECIDED ON : 04.05.2009 Union Territory, Chandigarh ...Petitioner versus The PLA and others ...Respondents C.W.P NO. 18269 OF 2007 Pawan Kumar ...Petitioner versus U.T., Chandigarh ...Respondent C.W.P No.18254 OF 2007 Smt. Sita J. Massey ...Petitioner versus U.T., Chandigarh ...Respondent C.W.P NO. 18270 OF 2007 Onkar Mishra ...Petitioner versus U.T. Chandigarh ...Respondent CORAM : HON'BLE MR. JUSTICE SURYA KANT C.W.P NO. 2855 OF 2007 -2- Present : Mr. K. K. Gupta, Advocate, for the petitioner. Mr. J. C. Kapoor, Advocate, for the respondents. SURYA KANT, J. (ORAL) This order shall dispose of C.W.P Nos.18269, 18254 and 18270 of 2007, as common question of law and facts are involved in these cases. For brevity the facts are being taken from C.W.P No. 2855 of 2007. In this writ petition, the petitioner-Chandigarh Administration seeks quashing of the order dated 05.07.2006 (Annexure P-3) passed by the Permanent Lok Adalat (Public Utility Services), U.T., Chandigarh. Vide the aforesaid order, the Permanent Lok Adalat has directed the Chandigarh Administration to provide water connections to respondentsNo.2 to 10 who are residents of village Khuda Jassu in U.T., Chandigarh. The petitioner-Administration's grievance is that respondents No.2 to 10 have un-authorizedly constructed their houses outside the Lal Dora of the village and no provision of law and equity they can compel the Administration to provide basic amenities to those who have raised unauthorized constructions. The second grievance is that the water supply lines have not been laid and sewerage system is not functional in the area where the private respondents have raised the construction. It is the petitioner's case that in the absence of sewerage, water C.W.P NO. 2855 OF 2007 -3- would accumulate and stagnate in the village and become a health hazard. Learned counsel for the respondents, on the other hand, contend that irrespective of the status of the private respondent's houses, the water supply is essential for their sustenance and is an integral part of their fundamental right guaranteed under Article 21 of the Constitution. Having heard learned counsel for the parties and finding some substance in the contention raised on behalf of the private respondents, I am of the view that the petitioner-State is obligated to provide drinking water to all the residents irrespective of the legality of the structures built up by them. Learned counsel for the petitioner was accordingly directed on 18.03.2009 to have instructions regarding some alternative mode that may be followed to supply water to the residents of village Khuda Jassu, like the private respondents. Learned counsel has got written instructions vide memo dated 09.04.2009 from the Executive Engineer (Project), PH Division No.3 to the effect that the Administration is ready to provide water supply to the residents of afore-mentioned village by way of water tankers against payment, to the nearby place where drainage system is existing. Keeping in view the totality of the circumstances especially the fact that in the absence of sewerage line, the water would stagnate and be an open invitation to so many contagious C.W.P NO. 2855 OF 2007 -4- diseases, the writ petitions are allowed in part and the impugned orders passed by the Permanent Lok Adalat are modified to the extent that the petitioner shall henceforth provide water supply to the private respondents/other similarly situated persons by way of water tankers and for that purpose, if so required, shall put in place some workable drainage system also. This arrangement shall be made for all those inhabitants of the controlled area whose houses are outside the Lal Dora of the village. The petitioner-Administration shall, however, be entitled to charge payment as per the prescribed rates, which should be affordable and reasonable. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MAY 04, 2009 (SURYA KANT) shalini JUDGE