Court on its own motion vs The Principal Secretary (I and PH) to the Govt. of H.P. and Others

Justice Kurian Joseph, C.J.—This writ petition was registered as suo motu on the information brought to the notice of the Chief Justice that the sewerage treatment plant at Mohalla Doli in District Hamirpur is situated close to the natural water supply. In the affidavit filed on behalf of respondents No.1, 3 and 4, it is stated in the preliminary submissions as follows:

That the present PIL is without any merit and deserves dismissal in limine. In fact, the petitioner is trying to create unnecessary hurdle in the construction of Sewerage Treatment Plant on frivolous grounds. In fact, the Govt. of H.P. has given an administrative approval for providing Sewerage Scheme to Nagar Panchayat Sujnapur in Hamirpur Distt. To the tune of Rs. 544.68 lacs during 2005. The scheme was proposed with 2 number of Sewerage Treatment Plants for Zone-I covering ward No. 1,2, 8, 9 and part of Ward No. 7 and in zone 2 covering Ward No. 3, 4, 5, 6 and part of 7 due to topographical conditions of the area. The department has acquired land for the construction of Sewerage Treatment Plant for both the zones and for Zone 1 the construction is complete. However, the land owners of Zone 2 raised objections for the construction and filed a Civil Suit in the court of Ld. Sub Judge, Hamirpur, which is pending. Since the work of Zone 2 was almost complete and the scheme was suffering due to non completion of Sewerage Treatment Plant as such the department took initiative to have some other alternative suitable site, which is a Govt. land. It may further be stated that there is no other suitable site available for the construction of Sewerage Treatment Plant. It is also submitted that there is no habitation nearby the Sewerage Treatment Plant no any Water source, which apprehends pollution problem. The govt. middle School Doli is situated about 60 mtrs. Away and above the site of Sewerage Treatment Plant. Similarly, the so called water Bouli is more than 45 mtrs. Away and above the Sewerage Treatment Plant. Therefore, the present Writ petition is nothing but to substitute their motive of non construction in Civil Suit pending because the department had chosen an alternative site, otherwise the scheme is being executed for the welfare of the general public and in a most technical manner so as to cause no pollution affect. It may further be stated that the population of Sujanpur Town is only about 9500 and Zone two covers a population of about 5,000. Therefore, the writ petition is liable to be dismissed.

Respondent No.5 has also filed the reply in the same spirit. In view of the position, as above, the writ petition is dismissed.