INDERJEET SINGH, J. - (1.) This writ petition has been filed by the petitioners with the following prayer:- "It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuance of an appropriate writ, order or directions, the respondents may kindly be directed to provide drinking water facility to the residents of Ashapurna Valley."
(2.) This writ petition is pending since 2010 and from time to time, this Court issued direction to the respondents for providing drinking water facilities.
(3.) This Court on 01.07.2015 passed the following order: "This writ petition was filed on 5.7.2010 by the residents of Ashapurna Valley, near Jhalamand, Jodhpur ('town-ship') seeking direction to the respondents to provide drinking water facility to them. Since 2010, innumerable orders have been passed by this Court based on the submission made on behalf of the Public Health and Engineering Department ('PHED'), the Jodhpur Development Authority ('JDA') and the Developer. From the proceedings over a period of five years, it emerges that there is no dispute about the duty of the PHED/JDA to provide drinking water facility to the residents of the town-ship; while the stand of the JDA has been that it has paid a particular sum at one point of time to PHED which resulted in laying down of pipe-line, by which water could be supplied to the residents of the town-ship; however, the said pipe line is now un-serviceable; the PHED is seeking payment to the tune of Rs. 160.42 lacs from JDA for the purpose of laying down new pipe-line, which is being categorically denied by the JDA. There is also no dispute regarding the fact that the Developer has paid about a sum of Rs. 1,37,29,000/- towards development charges and Rs. 1,38,82,000/- towards conversion charges, from which the JDA claims to have spent a sum of Rs. 36 lacs having paid the same to the Jodhpur Vidhyut Vitran Nigam Limited for providing electricity to the town-ship. On the request made by the learned Additional Advocate General for completing the instructions in the matter, time was granted. On the communication sent by the learned Additional Advocate General to the Secretary, Urban Development Department and the Public Health and Engineering Department, a communication dated 26.05.2015 has been sent by the Deputy Secretary, issuing instructions to the JDA to provide drinking water facility to the town-ship and to give out the factual report to the Department. On 30.06.2015, the JDA has informed the Urban Development Department reiterating its stand which has been noticed here-in-before regarding laying down of pipe-line in the past, the same having been rendered unserviceable and the JDA now being not liable for providing water/make payment to the PHED. Besides the above, learned counsel for the petitioners has also pointed out that a stand has been taken by the JDA that the PHED has sanctioned a water supply project (Reorganisation) for Jodhpur city under AFD assistance with new Water Treatment Plants, Transmission mains along bye pass towards Shatabdi circle and the AFD (Agence Francaise De Development) assistance would be about Rs. 740.50 crores, whereby, it will be able to provide the water supply. From what has been notices here-in-before, it is apparent that the present dispute essentially is between the PHED and the Urban Development Department/JDA as to who has to finance the laying down of the pipe-line for providing drinking water facility to the residents of the town ship. There is apparently no dispute that the responsibility lies with either of the Department to do the needful. However, for the last five years, the matter is hanging fire and both the Departments are seeking to either shift the burden or to avoid its responsibility from doing the needful and it is the residents/petitioners of the town-ship who are suffering on account of such indecision on part of the two department of the Government. In the facts and circumstances of the case, it is directed that a meeting be held under the Chairmanship of the Chief Secretary of the Government of Rajasthan which would be attended by the Principal Secretary, Public Health and Engineering Department, the Additional Chief Secretary of the Urban Development Department, the Commissioner, Jodhpur Development Authority along with the other officers of both the PHED and the Urban Development Department within a period of three weeks from today. It would be required that the said meeting would determine the modalities and the time frame by which the drinking water facility shall be made available to the residents of the Ashapurna Valley and that again the matter shall not be left to be decided by the Departments and a specific and categorical decision shall be taken and directions in this regard shall be issued. The date of meeting may be fixed by the Chief Secretary as per his availability and convenience. List the matter on 29th July, 2015. On that date, the report/outcome of the meeting as directed here-in-before shall be placed before this Court." ;