ANAND PARBAT RESIDENTS ASSOCIATION vs RAMJAS FOUNDATION

THIS case has a long and chequered history. The original complaint was filed in April, 91. The complainant is an Association of residents of Anand Parbat area under the Ramjas Foundation, an educational society running various educational institutions in the capital. The District Forum gave certain directions by its order dated 6.2.92. These included direction for supplying water to the complainant and levying charges therefore and keeping the water supplylines and tanks in clean and hygenic condition. Both the parties filed appeal against the order. These were dismissed by this Commission. No further appeal appears to have been filed. The matter, thus, attained finality.

THE applicants applied u/Section 27 of the C.P. Act for enforcement of the order. Reply of the respondent was taken and various orders passed from time to time. At one stage it was agreed between the parties that the responsibility of supplying water would be taken over by the Municipal Corporation of Delhi. Somehow the question of taking over by MCD did not materialise. THE application u/Section 27 was disposed of by District Forum-I with the observation that no further action was possible. THE applicants preferred a Revision Petition No. 449/ 94 against the order of the District Forum. THE same was allowed by our order dated 19.4.95 and it was observed that it was clearly the duty of the District Forum to take the matter to its logical conclusion and to see that the directions, which had been issued earlier, were implemented. THE District Forum was, therefore, directed to re-admit the application u/Section 27 and proceed further according to law so that the directions contained in the order dated 6.2.92 were implemented. The parties appeared before the District Forum. A report was received from the President of the District Forum that a large number of members of the applicant Association raised slogans and made it difficult for the District Forum to work. The District Forum requested that the case be transferred to the other Forum as it was not found possible for them to proceed further in the matter. Notice was issued to the respondent and by a detailed order dated 9.6.95, we decided to deal with the application ourselves. In the same order the back history of the case was noticed in necessary detail and it was felt that without the active involvement of MCD it would not be possible to find an effective solution. On the oral prayer of both the parties notice was directed to be issued to Additional Commissioner (Water) of Municipal Corporation of Delhi. Mr. S.K. Chachra has entered appearance on behalf of MCD and his categorical stand is that no direction can be given to the Municipal Corporation of Delhi to take over the responsibility of water supply to the area and as present advised the MCD was not willing to take over the said responsibility.

The broad case of the applicants is that quantity of water, made available to the applicants, had been reduced over the years and such reduction continued to be made even at present. The reduction, according to the applicants, was due to diversion of water by the respondent to newly inducted industrial units/commercial establishments and newly established educational institutions in the estate. According to the applicants, water meant for the applicants for domestic purposes, was being diverted to the aforesaid newly inducted users from whom the Foundation was charging at commercial or industrial rates which were higher. It was also alleged that the respondent had permitted certain other private users to take direct line at the expense of the applicants.

BY order dated 4.7.95, on the basis of a broad consensus between the parties directions were issued to the respondent to instal two or three water meters as may be required at its own expense to record the quantity of water being supplied to the North Eastern and South Western wings of the applicant Association. Those meters were further required to be placed in double lock. One key each to be kept by the two parties. It was also directed that jointly the meter readings will be taken and in case of dis-agreement a note will be appended by the dissenting party. The bills regarding water charges were to be raised on the basis of those meter readings. Some other directions, as recorded in the order dated 4.7.95 for working the system, were also given. The grievance of the applicants, however, continued. The case of the respondent, on the other hand, is that they have been supplying water as it was being supplied earlier without any reduction and the main difficulty why some of the members of the applicant Association were not able to get water was that some of the members of the applicant Association had illegally installed booster pumps to draw water at the expense of the other members. Some of the members of the applicant Association were maintaining kitchen gardens. Some others had intentionally broken the water meters. Still some others had taken a direct line unauthorisedly. Whenever the employees of the respondent-Foundation went to check such illegal acts a show down was created by members of the applicant Association. It was also stated that the applicants had not been paying the water charges even according to the meter reading with the result that the respondent-Foundation was obliged to pay from its own funds.

IT was in these circumstances, that by order dated 4.12.95, further detailed directions were given and Mr. A.K. Verma, Executive Engineer (Water), Karol Bag Zone was appointed Local Commissioner to study the problem at the spot and see the relevant records including the lay-out plans with regard to the underground network of pipe-lines available with the respondent. Both the parties were directed to assist the local Commissioner by bringing to his notice any unauthorised diversion relevant for the present purposes. The questions referred to the local Commissioner were: (1) Whether Ramjas-Foundation is receiving quantity of water which it was receiving at the time of passing the final order in the complaint namely dated 6.2.92. If the quantity of water has been reduced, to what extent it has been reduced and since when. What are the broad factors responsible for the reduction;

(2) Whether any particular quantity of water is earmarked for being supplied to the area occupied by Members of the applicant Association; (3) Whether there is reduction in the quantity of water being supplied to the area/to the members of the applicant Association, if so, what is the quantity of that water and what are the main reasons for such reduction; (4) Whether Ramjas-Foundation has diverted the water meant for residence of Anand Parbat represented by the applicant Association to any other person or institution.

The local Commissioner has accordingly gone into the question and he submitted his report dated 3.1.96. Both the parties have filed objections and reply to objections filed by the other side. We have heard the President of the Applicant association and the learned Counsel for the respondents. We have also heard Counsel for M.C.D. According to the local Commissioner, there has been a gradual decrease in the quantity of water received by the respondent except for the initial period of Sept., 91 to Sept., 92 when there was a marginal increase. It has further been reported that the respondent''s water reservoir is situated at the tail end of the distribution system of Than Singh Nagar booster pumping station of the MCD and there has been increase in the quantity of water supplied to the respondent''s said reservoir on account of increasing demand of water on account of increasing population in the area served by MCD. A site inspection by the Commissioner revealed that there is a separate distribution system of water supply to the area occupied by members of the applicant Association. The respondent has provided fixed hours to supply of water from its reservoir to the applicant Association. The local Commissioner has given quantity of water supplied to the applicant Association with reference to Feb., 92 as the base. The figures show that roughly 67% of the bulk quantity received by Ramjas, Foundation, which is earmarked for the area in question, was being supplied to the area. It was, therefore, concluded that there was no appreciable reduction in the quantity of water being supplied to the applicant Association as against the quantity supplied in Feb., 92 which was 65% of the bulk quantity received for being supplied to the applicant Association area. One of the reasons mentioned for less availability of water is, unequal distribution of water among the members of the applicant Association on account of undersized distribution network laid by the respondent. Such network had apparently been laid quite sometime back. Members of the application Association residing near the starting point of distribution network were getting more water compared to those residing at the tail end residents of barrack Nos. 3,14,4,5,2 etc. and some quarters of school lane were getting no water at all. It has further been reported that distribution of water has further been affected by the illegal installation of line booster, wrongful tapping of water and misuse of water for gardening by some of the members of applicant Association. In reply to the querry whether Ramjas-Foundation had diverted the water meant for residents of the applicant Association, the local Commissioner stated that no such diversion was observed during the site inspection on 11.12.95,14.12.95 and 19.12.95 carried out in the presence of the representatives of the Ramjas-Foundation and Mr. A.S. Yadav President of the applicant Association besides some other members. Random checking of the suspected diversion were carried out at various places but no diversion of water meant for residents of Anand Parbat area was found either in favour of another person or Institution. The local Commissioner has concluded as follows : "Local Commissioner has come to the conclusion that the distribution system of Ramjas Foundation specially to the area of the applicant Association is defective/old/ undersize and there is urgent need to replace the same with bigger dia of pipe to remove the imbalances and for equitable distribution of water among the residents'' Association. It is also very necessary that the illegal line booster, wrongful tapping of water main and misuse of water by some members of applicant Association should stop and for which applicant Association should assist the Ramjas Foundation."

The recommendations made by the local Commissioner are as follows :- "The existing bulk quantity of water received by Ramjas Foundation is quite inadequate to meet with demand of applicant Association and needs augmentation for which following improvements need to be done. (a) One additional distribution main of suitable size should be laid from O.H.T. to barrack No. 3 so that members of applicant Association residing in barrack Nos. 3,14, 4,5,2 etc. who at present do not receive any water could be provided immediate relief.

(b) It has been noticed during the inspection that there has been increase in intake of students in the institution/Ramjas Foundation area and it has been observed that though Ramjas Foundation has not provided any extra water connection to these institutions/factories but there is indirect increase in consumption of water and for which Ramjas Foundation should instal tubewell etc.

(c) It was further noticed by the Commissioner that the water supply to the Ramjas Society is from 2.00 a.m. to 3.30 a.m. 6" dia feeding main from Gadodia Road to Ramjas Reservoir and same was laid about 50 years back and this needs to be replaced by bigger dia main or be augmented by laying 150 mm dia CI additional main between the portion referred above.

(d) It is also suggested that members of the applicant Association should co-operate with Ramjas Foundation in proper distribution of water. The illegal line boosters, wrongful tappings of water main and misuse for gardening by some of the members of applicant Association should be stopped."

AFTER careful consideration we accept the above report of the Local Commissioner and accordingly direct the respondent to take action in terms of recommendations (a), (b) and (c). The applicant is directed to take action as suggested at (d) above. As the action involves considerable money and time to implement, the respondent is given time to implement the same by 14th May, 96 so that it is ensured that water supply would not dwindle further during the summer months ahead. In case of default in compliance, the further necessary action u/Section 27 would be initiated against those office bearers of the respondent Foundation who are responsible to the Foundation for carrying on its functions. A copy of this order be given to both the parties. In the meanwhile, the parties would continue efforts to make the MCD agree to take over the responsibility of supplying water. As pointed out in our orders recorded in detail from time to time the ultimate solution of the problem appears to be that the MCD takes over the responsibility to ensure water supply to the applicants. Both the parties shall submit report regarding the implementation of this order on 14th May, 1996. Directions passed.