IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 13165 of 2008 Date of Decision: 25.08.2008 Mahinder Kumar ...Petitioner versus State of Haryana and others ..Respondents Present : Mr. O.P.S.Tanwar, Advocate for the petitioner Mr. Rameshwar Malik, Addl. A.G. Haryana Mr. Sukhdeep Parmar, Advocate for respondent No.3 CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT ***** T.S.Thakur, Chief Justice (Oral) In this petition filed in public interest, the petitioner prays for a mandamus directing the respondents to remove the blockage and over flow of main sewerage line running through Janakpur, Gaushala Road, Karnal and to satisfactorily maintain the water supply and sanitation system in the locality. The respondents have in the counter affidavits filed on their behalf, inter-alia, pointed out that petitioner and other inhabitants of the locality have illegally laid sewerage lines of 6'' dia which have in tune contributed to the blockage of the main sewerage line running through the colony. It also pointed out that the petitioner and other inhabitants of the locality have not obtained any sanction before connecting the sewerage lines of their houses to the main sewerage line. Beside, they have also thrown waste building material in the manholes of the sewerage line while building their houses. A complaint in this regard has been, according to the CWP No. 13165 of 2008 -2- counter affidavit, filed before the S.H.O. Police Station, City Karnal. Appearing for the petitioner, Mr. O.P.S.Tanwar, Advocate argued that houses in the colony have been built some 10 years back and that the allegation that the sewerage connections are unauthorised, does not justify the inaction on the part of the respondents in keeping the sewerage system in proper working condition. He submits that respondents can take appropriate action against those found to have violated the Municipal Bye Laws by connecting the sewerage pipes of their houses to the main sewerage line but that does not absolve the respondents of the obligation to keep the sewerage line flowing. On behalf of the respondents, it was, on the other hand, submitted that although, a contract was initially sought to be allotted for undertaking the sewerage clearance work, yet the work was on account of the urgency involved gone done manually with the help of department labour. Mr. Chander Bhan, respondent No.5, who happens to be Sub Divisional Officer of Water Supply & Sanitation, Sub Division, Karnal, present in the Court, stated that the sewerage line is no longer blocked. In that view, therefore, we see no reason to issue any further direction except that respondents shall take steps to keep the sewerage line clean and flowing to prevent any inconvenience to the people residing in the locality. We, however, make it clear that the respondents shall also be free to take such action against the petitioner and other inhabitants of the locality, as may be legally permissible, for the illegal sewerage connections taken by them. We must mention to the credit of learned counsel for the petitioner that he has offered to apply to the respondents for proper CWP No. 13165 of 2008 -3- sewerage connections on payment of the requisite fee/charges stipulated under the Rules. We, therefore, direct that in case petitioner does make an application within six weeks from today, the same shall be considered by the competent authority and appropriate orders passed on the same without imposing any penalty. This decision shall apply even to the other inhabitants of the locality who shall be free to apply similarly for ex-post facto sanction of the sewerage connection, failing which the respondents shall be free to take appropriate action against the defaulters in accordance with law. With the above directions, this writ petition is disposed of leaving the parties to bear their own costs. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) 25.08.2008 JUDGE 'ravinder'