- (1.) This writ petition has been filed to bring it to the notice of the Court that pipeline channel laid down for discharge of sullage water of city Abohar in a drain namely Abdul Khurana Drain is overflowing and destroying crops of the petitioners and other farmers. It is further averred that discharge of untreated water in the said drain is resulting into contamination of groundwater making it unfit for drinking purposes.
(2.) After issuance of notice of motion many effective orders have been passed from time to time. At one time, Local Commissioner was also appointed to assess the loss caused to the farmers. After looking into the report of the Local Commissioner, this Court passed the following order on 5.12.2011:- "On the last date of hearing we had appointed Mr. R.S. Bains, Advocate as a Local Commissioner to go into various questions. Mr. Bains requests for more time to complete his report. However, Mr. Toor learned counsel for the petitioner has pointed out that some interim relief could be given to the petitioner if disposal from point 'A' (in the site plan placed before us) is diverted to site 'AA' by digging a temporary drain. Size of the area for digging would be about two kilometers as per the Local Commissioner. Before granting any interim relief of the aforesaid nature we have impressed upon Mr. Sehgal, learned Additional Advocate General, Punjab to convene a meeting of the Officers by associating Mr. R.S. Bains so that the feasibility of the suggestion made may be examined. The necessity of such a nature has arisen because the sowing season of the Rabi crop is almost coming to an end and the huge track of about 400 acres of land could be saved and sowing can be still undertaken. For the aforesaid purpose let the matter be listed again on 9.12.2011. A photocopy of this order be placed on the file of connected case."
(3.) By the aforesaid orders, the district administration was directed to convene a meeting in association with the Local Commissioner so as to examine the feasibility of the suggestions made to solve the problem. On 9.12.2011, following order was passed by this Court:- "Order dated 11.5.2011 would show that the learned Addl. A.G., Punjab has made a categorical statement that compensation @ Rs. 5,000/- per acre for the year 2011-12 in respect of 217 acres of land would be disbursed within a period of three months from the date of the order. The period of three months had expired in August, 2011 but the compensation has not been paid so far to the writ-petitioners and other farmers, who have su ered the loss. We direct that compensation may now be paid on or before 20.12.2011. Mr. Sehgal states that the compensation shall be paid before the adjourned date of hearing. Any further claim over and above Rs. 5,000/- may also be put forward by the counsel for the petitioners by siting the rates given for similar purpose by the Collector in the area. In respect of short term and long term measures to be adopted for stopping the flooding of the land of the petitioners an affidavit has been filed by Sh. Satish Chandra, Principal Secretary to Government of Punjab, Department of Local Government on behalf of respondent No.1. Wherein in para 4 it has been suggested that the Superintending Engineer, Punjab Water Supply and Sewerage Board, Bathinda circle would visit the site personally and assess the cost of repair of 16 inch dia pipeline of Mandi Board already linked to carry the sullage water of Abohar to the Abdul Khurana drain and that necessary repairs would be carried out by the Municipal Council, Abohar within a period of one month. Mr. R.S. Bain, Local Commissioner, who also attended the meeting in pursuance to the order dated 5.12.2011 has, however, pointed out that it may solve the problem only to a limited extent of 30%. The size of the pipe is 16 inches whereas minimum size of the pipe required is 48 inch. Be that as it may, Mr. R.S. Bains shall submit his report and any further progress made by visiting of the Superintending Engineer, Punjab Water Supply and Sewerage Board, Bathinda circle may also be placed on record before the next date of hearing. List again on 25.1.2012. A photocopy of this order be placed on the file of connected case. Copy of the order be given to Mr. Suvir Sehgal, Addl. A.G., Punjab under the signatures of the Court Secretary." ;