CHANNI HIMMAT RESIDENTS ASSO Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant petition in Public Interest has been filed for issuance of direction to the respondents- State and its Officers to maintain regular and sufficient supply of water to the residents of Housing Colony known as Channi Himmat Housing Colony. Their claim in the petition is that there was an agreement between the Managing Director, J&K Housing Board and the Chief Engineer, Public Health Engineering (respondent no.5 and respondent no.3) for a consideration of Rs. 123.46 lacs to design, lay, create and construct required infrastructure and ensure regular and uninterrupted supply of 7.5 lacs gallons of water per day to their colony which comprised of 3500 plots. The amount of Rs. 123.46 lacs had already been received by the Chief Engineer, Public Health Engineering-respondent no.3, which is evident from the Minutes of Meeting held between the representative of the petitioner, representative of the Minister for Housing and Urban Development and attended by heads of various departments-respondent nos. 3,4 and 5 (Annexure-A). It is also evident from the Minutes of Meeting that the Minister for Housing and Urban Development directed the Chief Engineer to ensure supply of 7.50 lacs gallon water for which funds already stands advanced by the Housing Board. The aforesaid direction was necessitated because the amount of Rs. 123.46 lacs paid to the PHE Department was partially used for supply of water to unauthorized area other than Channi Himmat Housing Colony and the amount was required to be spent by the PHE Department out of their own resources. The Chief Engineer was also to explore the possibility of digging a tube well for the residents of the colony to augment the water supply.

(2.) ON 09.12.2004 a supplementary affidavit was also filed by the Superintendent Engineer, PHE Mechanical, Urban Circle, Jammu stating that an amount of Rs. 122.40 lac was received by PHE Water Supply Master Plan Division, Jammu and PHE (Mech) Division, Jammu from the Housing Board to execute the infrastructure work for supply of water which did not include any amount for tapping the water source. In para 4 it is revealed that in the year 2004, 5.70 lac gallons of water was being supplied to the residents of the colony which was short by 2.95 lac gallons per day. The affidavit further indicated that the supply could be augmented either after the completion of Boria Filtration Plant or in the alternative drilling a new Tube Well (Water Source) for the supply of water to the inhabitants of the colony. The affidavit was filed about 7 years back. On 12.11.2012, this Court directed the PHE Mechanical Urban Circle, Jammu to file the latest status.

(3.) AFTER the filing of the affidavit on 27.11.2012, the matter has been listed for hearing on 04.12.2012. The petitioner was granted time to file any counter affidavit vide order dated 04.12.2012. The matter has been adjourned on two subsequent occasions but no affidavit has been filed controverting the position taken by the Superintendent of PHE(Mech.) Urban Circle, Jammu.