@JUDGMENTTAG-ORDER
B.N. Agrawal and B.P. Singh, JJ.@mdashWe have heard the counsel for the parties in presence of Chairman of Jal Parshad (formerly known as Biswas Board) and the Administrator, Patna Municipal Corporation.
After hearing them, we have no hesitation in concluding that the people of Patna have suffered a lot on account of prolonged non-administration. It appears that for the last two decades, underground sewerage pipes and underground drainage net work have not been cleaned with the result that they are choked to such an extent that even cleaning the underground pipes has become a stupendous task, and the authorities do not find themselves equal to the task now faced by them. They have all woken up a bit too late when they find that on account of heavy rains, virtually the entire city of Patna is water-logged. To begin with, most of the pumping sets were non-functional and in addition, since the underground pipes are choked up, accumulated water is not flowing out.
We have made efforts to activate the governmental machinery, but all that we have done so far is to scratch the surface only. The real problem, which is the cause of this state of affairs today, and is also the cause for the continuance of the state of affairs at all times, is the poor maintenance of the underground storm water and sewerage pipes. It is but natural that if the pipes are not cleaned the water will not flow through the pipes and consequently will result in water logging. This is the real problem, which has to be tackled by the authorities. The fact is that no one has bothered about it for the last 20 years. Even the Jal Parshad and the Patna Municipal Corporation, who were responsible at different times for their maintenance, did not bother about it. Even till today, the Patna Municipal Corporation does not have complete data and particulars about the existence of the network of the underground drainage system and perhaps, the Jal Parshad may be having details of the network of the underground pipes. Someone has to collect the same, understand it and then plan carefully. The cleaning process must begin somewhere and till that is done, water pumped out from one area will get logged in another area It is suspected that the underground pipes, whether sewerage or rain water drains may not even be inter-connected, and may be otherwise defective. Though a lot of public money and time have been spent on laying out the sewerage pipes, the citizens of Patna have derived no benefits.2. We, therefore, expect that apart from cleaning the main nalas and its flanks, most of which are open, the authorities should immediately clean the underground system by whatever method they can do, and to the extent possible with a view to meet the present crisis. If they find the task beyond their capacity, they must inform the Government, so that, if necessary, private arrangement may be made for cleaning up the choked underground drainage system. If necessary, the Government may engage a specialised private agency for the purpose.
3. So far as the main drains are concerned, it is stated that most of them are in such a state that flow of water can be maintained, but there is an urgent need to desilt the nalas and its flanks, which, perhaps, can only be done after the rainy season. However, in the case of Bakerganj nala and its flanks, it is stated that on account of large scale encroachments, it is not possible to clean the nala and its flanks even for the purpose of temporary cleaning to the extent possible. A large number of hutments have come up at different places, making it impossible to reach the nala and its flanks. It is stated that some pucca buildings are also there, some of them with five floors, with foundations in the nala and its flanks. Obviously, this is a serious type of encroachment and it makes it virtually impossible for the Patna Municipal Corporation to reach the nala and its flanks with a view to clean the same. We appreciate that without mechanical help, it may not be possible to clean the nala manually. It is, therefore, necessary that such encroachments and unauthorised constructions over the nala and its flanks must be immediately removed. We are not oblivious of the fact that several orders have been passed by this Court directing the District Administration to remove the encroachments from public land. We much record our dissatisfaction with the manner, in which the District Administration has responded to our directions. We do not propose to say more today, but the District Magistrate. Patna, may have many questions to answer with regard to our orders having not been executed, which also discloses the utter failure of the District Administration. The Government may have to consider whether the present District Magistrate is suitable to cope with the task, presently faced by the administration. We, however, cannot resist expressing our anguish.
4. We are, therefore, passing the following directions:
5. The Patna Municipal Corporation will immediately take up the task of cleaning the Bakerganj nala and its flanks to the extent possible. It is reported that some part of this nala has been cleaned, but a substantial part of it has yet to be cleaned, and that has been delayed on account of encroachments. The Patna Municipal Corporation will immediately write to the District magistrate, Patna to render necessary help, including police help, to remove the encroachments. We direct that the District Magistrate, on such request being made, shall within 48 hours of receipt of such requisition take steps and provide necessary police force and protection to the authorities of the Patna Municipal Corporation, who shall carry out the cleaning operation without resistance from anyone. We further direct the District Administration to immediately file criminal complaints against persons, who by show of force or otherwise obstruct the authorities in performing their duties, and in addition, to report the matter to this Court, so that necessary action may be taken and contempt proceeding may be initiated against such persons. If the District Magistrate, Patna, fails to respond to the Administration''s request, the District Magistrate, Patna shall also be answerable to the charge of contempt of Court for disobeying the order of this Court. We further caution the District Magistrate, Patna, not to be influenced by political considerations in the matter of implementation of the order of this Court.
6. We also direct the Vice Chairman of the Patna Regional Development Authority to immediately get the matter enquired into and issue notices to the owners of unauthorised structures calling upon them to remove the unauthorised structures, if any part of such structure encroaches upon the nala and its flanks. The authorities may consider removal of those encroachments after giving 72 hours'' notice to such owners to remove the same and upon their failure to do so.
7. We are told that even after so many weeks of the heavy rains, many localities of the city of Patna are still water-logged. We fail to understand why the authorities are not able to clear the water logging in the localities. The Jal Prashad and Patna Municipal Corporation engage technical hands to deal with such problems. There are engineers on their pay roll and we fail to understand what such engineers are doing. They have been doing virtually nothing for the last 20 years. If they cannot provide a solution to the problem and such is their ingenuinity, their services may not be required by the Jal Parshad or the Patna Municipal Corporation and the Government may have to give the matter a second thought. If all such works have got to be done through private agencies, there may be no need to employ a force of engineers for doing nothing at public expense. Since they are technical people, they should be able to advise the Patna Municipal Corporation as to how to tackle the situation. We, therefore, direct the Patna Municipal Corporation to immediately direct its engineering force to survey the water logged areas and to find out ways and means to deal with the situation. How they will do it, is for the Patna Municipal Corporation authorities to consider. We are only concerned with the results. If necessary, the Patna Municipal Corporation may engage more engineers for dealing with the critical situation without further delay.
8. We also direct the Commissioner-cum-Secretary, Urban Development Department, Government of Bihar, Patna to activate his engineering cell, who should also be directed to survey the area with chronic water logging problem and find out ways and means to solve them for the future.
9. We expect that within two weeks some suggestions may be forthcoming from the Urban Development Department. The Commissioner-cum-Secretary, Urban Development Department, Government of Bihar, will also submit a report as to whether it would be appropriate to engage a private specialised agency to advise the Government in the matter, and to give a detailed scheme for revamping the sewerage system, the pumping set up and the underground pipe network of the city of Patna, including supply of drinking water.
10. Some suggestions have been made by Mr. Jai Nandan Singh, Advocate, which may be kept on record, so that we may consider the same on the next date. If there are more suggestions from any quarter, they are most welcome.
11. We direct all the agencies of the Government and the District Magistrate Patna, to cooperate with the Jal Parshad, Patna Municipal Corporation and Patna Regional Development Authority in executing this order. If any particular/particulars are required from the office of the District Magistrate, Patna or the Deputy Collector, Land Reforms, Patna, the same shall be furnished without any delay, and any assistance required should not be refused on technical grounds.
12. Put up this matter on 12th September, 1997 for further consideration. Let copies of this order be given to the counsel appearing for the parties.
