-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: O R D E R :: Kalyan Singh Detha & Ors. Vs. Shiv Prakash Sharma & Ors. D.B. CIVIL MISC. CONTEMPT PETITION NO. 172/2006 UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA. DATE OF ORDER : February 13th, 2007 P R E S E N T HON'BLE MR. JUSTICE N.N.MATHUR HON'BLE MR. JUSTICE MANAK MOHTA Mr. Pradeep Choudhary) for the petitioners. Mr. K.L.Thakur ) Additional Advocate General. Mr. S.K.Vyas ) Government Advocate. Mr. R.S.Saluja ) for Municipal Corporation, Jodhpur. Mr. D.C.Sharma ) Mr. Sanjeev Johari ) for the respondents. BY THE COURT : (PER HON'BLE MR. MATHUR, J.) The instant contempt petition has been filed for disobedience of the order of this Court dated 15th July, 2005. It is stated that the residents of the locality named as Malviya Nagar Colony, Jodhpur approached to this Court seeking -2- direction to remove the obstructions causing accumulation of drainage water in the Colony and on account of which they are suffering from the unhygienic living condition. It was averred that the drainage water flowing from the City passing through the various colonies namely Nehru Park Sector-7, Bhagat-ki- Kothi, JNV University Campus has accumulated around their houses because of the obstructions put by the Air Force Authorities. A reply to the contempt petition has been filed on behalf of the Municipal Corporation as well as the Air Force Commander, Air Force Station, Jodhpur. This Court found that it was not possible to give any direction to the Air Force Authorities to remove the wall and permit to pass sewerage water through the Air Force area. However, the Court found the grievance of the petitioners justified and, as such, partly allowed the writ petition as follows:- “The respondent State Authorities as well as the local bodies are directed to prepare an appropriate plan and execute the same to ensure that the sewerage or rainy water does not collect in the Malviya Nagar Colony.” During the pendency of the contempt petition, different plans were submitted. The High Power Committee has also -3- submitted its report. Considering all the facts and circumstances of the case, it is not possible for this Court to give specific directions. We are of the view that it is for the State to take appropriate action in the matter. Accordingly, we direct the Secretary, Local Self Government, State of Rajasthan to ensure the compliance of the order of this Court dated 15th July, 2005. The compliance report shall be submitted latest by 31st May, 2007. The contempt petition stands disposed of. (MANAK MOHTA), J. (N.N.MATHUR), J. ms rathore