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Punjab and Haryana High Court disposes of suo motu PIL on sewage water in water supply

The Punjab and Haryana High Court disposed of a Suo Motu Public Interest Litigation (PIL) relating to the matter of sewage water being mixed in drinking water supply at Economically Weaker Section (EWS) colonies in Dhanas, Maloya, Ram Darbar, Vikas Nagar, as well as Sectors 56 and 38, Chandigarh.

The suo motu cognizance of the matter was taken by the court on the basis of a news item published on 30.08.2024 in a newspaper.

The Court passed an order on 31.08.2024, directing the UT Administration to take suitable steps to prevent water-borne diseases.  

The UT Administration has filed an affidavit of HCS, Joint Secretary (Housing), UT, Chandigarh, detailing the preventive and curative steps taken, the relevant extract of the said response is reproduced below:-   

 “3. That furthermore, during the meeting it was intimated and brought to the notice of attendees that in fact no case of contamination of drinking water was reported during   the last 6 months. It was further informed that regular water samples are being collected for random sample testing to ensure that there is no contamination of drinking water being provided to such colonies. ……

4. That during the meeting it was further deliberated and decided that the following measures will be taken immediately to ensure that in future also there is no contamination of drinking water supply. The measures to be taken are as follows: 

1. A team comprising of Officers of MCC and CHB shall jointly survey the areas and prepare estimates for doing needful so as to ensure that the overflowing Sewage, if any, does not enter the Water Meter Chambers. 

2. The CHB shall do the needful to ensure that the overflowing Sewage, if any, does not enter the Water Meter Chambers for which the funds would be released out of the revolving funds. A team of MCC shall accompany the CHB team to ensure opening of locked water meter chambers. 

3. The choked ICs/GTs/Sewer Lines, if any, will be cleaned regularly by MCC for which the funds will be released by UT Administration out of the revolving funds. 

4. The proposal with scope of work/preliminary estimates will be sent to Housing Department by MCC/CHB within a weeks’ time and the Housing Department will clear the proposal after due examination within 10 days. 

5. MCC/CHB after receiving funds will ensure completion of the job within four months. 

6. Regular water samples shall be collected by MCC from colonies to detect contamination of drinking water. 

7. The Secretary Health UT Chandigarh shall organize medical camps in colonies for checking cases related to water borne diseases etc.

5. That it is relevant to mention here that in pursuance to the publication of news article, a joint visit was conducted by the officials of Chandigarh Housing Board as well as the officials of the Municipal Corporation on 3.9.2024, to inspect the dwelling units/ rectify any shortcomings which require immediate attention and to also assess measures to safeguard against contamination of drinking water in the future. On inspection it was found that some of the sewer lines were blocked because the inhabitants of the sites have misused the sewage infrastructure, however, it was decided in the meeting dated 2.9.2024 that the Municipal Corporation, Chandigarh will regularly clean the choked ICs/GTs/ Sewer Lines, for which funds will be released by UT Administration out of the revolving fund.”

In view of the above,  the Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted that the UT Administration has come into action and has taken remedial steps and therefore, the Court does not deem it appropriate to proceed with the present petition which is disposed of with hope and expectations that any such occurrence of an incident would be prevented by taking appropriate steps.

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