शिमला। म्लाणा एसटीपी को लेकर अब तक हाईकोर्ट में झूठ बोलते रहे प्रदेश सरकार के अफसरों का भंडा फोड़ते हुए प्रदेश हाईकोर्ट ने आईपीएच विभाग, प्रदूषण नियंत्रण बोर्ड के अफसरों के अलावा मौजूदा सचिव आईपीएच अनुराधाा ठाकुर को शोकॉज नोटिस जारी किया है। इन अफसरों से पूछा गया है कि इनके खिलाफ कार्यवाही क्यों न की जाए।
मजे की बात है कि शहर में फैले पीलिया की वजह से डेढ़ दर्जन मौतें होने के बाद भी प्रदेश की वीरभद्र सिंह सरकार के आईएएस अफसरों से लेकर इंजीनियर तक हाईकोर्ट में झूठ बोलने से बाज नहीं आए। वीरभद्र सिंह सरकार की ओर से हाल ही में सचिव आईपीएच बनाई गई आईएएस अनुराधा ठाकुर हाईकोर्ट में गलत जानकारी देने से बाज नहीं आई। इससे पहले भी सारे सरकार के अफसर हाईकोर्ट में झूठी रिपोर्टें देते रहे है।इस से से खफा हाईकोर्ट ने आईएएस अफसर अनुराधा ठाकुर से पूछा है कि उनके खिलाफ हाईकोर्ट में गलत जानकारी देने के लिए कार्यवाही क्यों न की जाए।इसके अलावा हाईकोर्ट ने २०१४ में हाईकोर्ट में गलत शपथपत्र देने वाले इंजीनियरों से पूछा कि क्यों न उनके खिलाफ मुकदमा चलाया जाए और अवमानना की कार्यवाही की जाए।प्रदूषण कंट्रोल बोर्ड के सदस्य सचिव विनीत कुमार को से भी पूछा है कि उनके खिलाफ भी अदालत को गलत जानकारी देने के लिए कार्यवाही क्यों न की जाए।
हाईकोर्ट ने संदीप धवल की अगुवाई में बनी एसआईटी से २००७ से लेकर अब तक विभिन्न पदों पर रहे चपड़ासी से लेकर चीफ इंजीनियर तक सबकी सूची व उनकी भूमिका की रिपोर्ट एक सप्ताह के भीतर हाईकोर्ट को देने के आदेश दिए है।रााजनीतिक दबाब में काम कर रही एसआईटी पर इल्जाम लग रहा है कि वो असली गुनहगारों को बचाने का कारोबार कर रही है।इसके अलावा इस कांड में पालिटिक्ल एक्टर्स के चेहरे भी ये एसआईटी बेनकाब नहीं कर रही है।
हाईकोर्ट ने पीलिया से मरे लोगों के परिजनों को फोरी तौर पर दो -दो लाख रुपए देने के आदश दिए है।इसके अलावा बहुत से निर्देश देकर हर सप्ताह अदालत में रिपोर्ट पेश करने को कहा है।ये आदेश चीफ जस्टिस मंसूर अहमद मीर और जसिटस त्रिलोक चौहान ने जारी किए है।न्यायाधीशों ने अपने आदेश में सरकार के अफसरों किी ओर से अदालत में सरेआम झूठ बोलने का भंडाफोड़ कर वीरभद्र सरकार को कटघरे में खड़ा कर दिया है।
यहां पढ़े अदालत ने इस मामले में अपने आदेश में क्या -क्या कहा है-:
- Water is a gift of God and it is the duty of everyone to maintain its sanctity. It is unfortunate that some persons/ officers/officials are playing with the gift of God and because of their negligence, carelessness and other ulterior motives, the water became dirty, contaminated and polluted, which has affected public in general.
- The Apex Court in the case titled as Delhi WaterSupply & Sewage Disposal Undertaking and anotherversus State of Haryana and others, reported in (1996) 2Supreme Court Cases 572, held as under:
“1. Water is a gift of nature. Humanhand cannot be permitted to convert thisbounty into a curse, an oppression. The primary use to which the water is put being drinking, it would be mocking the nature to force the people who live on the bank of a river to remain thirsty, whereas others incidentally placed to an advantageous position are allowed touse the water for nondrinking purposes.
A river has to flow through someterritory; and it would be travesty ofjustice if the upperriparian States wereto use its water for purposes like irrigation, denying the lower riparian States the benefit of using the water even for quenching the thirst of its residents.”
- The Apex Court has also held that right of water is a part of Right of Life guaranteed by Article 21 of theConstitution of India in the case titled as State of Orissaversus Government of India & Anr., reported in AIR 2009SC (Supp) 261. It would be profitable to reproduce relevantportion of para 43 of the judgment herein:
“43. In my opinion the right to get wateris a part of right to life guaranteed by
Article 21 of the Constitution…………..”
- Keeping in view the alarming circumstances prevailing in the entire State of Himachal Pradesh in general and particularly, in Shimla & Solan Districts coupled with the deaths caused due to the jaundice outbreak, which is outcomeof the inaction of the officers/officials/authorities and otherconcerned persons, the Court has to come down heavily and to pass appropriate orders, as it may deem fit and proper.
- This Court has taken cognizance of the issue
earlier in the year 2007 in CWP No. 441 of 2007, titled asTarsem Bharti and another versus State of HimachalPradesh and another, has passed interim directions from time to time and finally disposed of the writ petition videjudgment and order, dated 2nd December, 2011. It is apt to reproduce the operative portion (para 2) of the judgment herein:
“2. It is submitted by the learned counsel for the petitioners that in view of the orders passed by this Court in this writ petition and the steps taken by the duty holders, this writ petition can be disposed of reserving liberty to the petitioners or such other persons to approach this Court if required at later stage. Ordered accordingly. The writ petition is disposed
- Interlocutory applications are alsodisposed of. All the interim orders will
form part of the judgment.”
- In the year 2014, fresh writ petition, being CWP No. 4122 of 2014, titled as Ravinder Makhaik versus State of H.P. & others, came to be filed by the affected persons after noticing the failure of the officials/ officers/agencies and other concerned persons, was disposed of vide judgment and order, dated 18th September, 2014. It is apt to reproduce para 5 of the judgment herein:
“5. Keeping in view the judgment (supra) read with the reply filed on behalf of the
respondents, we deem it proper to direct the respondents to do the needful. The learned Advocate General has filed a communication, dated 11.07.2014, across the Board, made part of the file. The respondents to do the needful in terms of the communication (supra) and the reply,after every three months ad report compliance before the Registrar(Judicial).”
It appears that the respondents have not filed the status/compliance reports, as directed and required in terms of the directions contained in the judgment.
- On 11th June, 2015, this Court took suo motu cognizance of the scarcity of water in Shimla town, was diarized as CWPIL No. 10 of 2015 and the respondents were directed to file compliance report. Detailed orders have been
made in CWPIL No. 10 of 2015. Mr. Bipin C. Negi, learned Senior Counsel, was appointed as Amicus Curiae, who gave suggestions how to ensure proper supply of water, that too,pure and without any contamination.
- The Municipal Corporation has already filed the response to the suggestions, has virtually accepted the suggestions and is ready to do the needful.
- Ms. Anuradha Thakur, present Secretary (IPH) to the Government of Himachal Pradesh, has filed the statusreport/response to the suggestions, which is composite one,relating to both the Public Interest Litigations i.e. CWPILs No.
10 of 2015 and 1 of 2016, in the open Court on 23rd February,2016.
- A writ petition, being CWP No. 3511 of 2015 also came to be filed by Mr. Rajnish Maniktala, Advocate, and,after noticing that by and large, the issues involved were same, CWP No. 3511 of 2015 was ordered to be clubbed with CWPIL No. 10 of 2015.
- Unfortunately, in the month of December, 2015,there was jaundice outbreak and after going for the tests, itwas found that the Lift Water Supply Scheme Ashwani Khad (for short “LWSS Ashwani Khad”) was not upto the mark, dueto which the residents of Shimla and Solan were/are affected/suffering.
- On 4th January, 2016, the Court took suo motu cognizance, came to be diarized as CWPIL No. 1 of 2016, Mr.Ramakant Sharma, learned Senior Counsel, was appointed asAmicus Curiae and the respondents were directed to filestatus/compliance reports.
- The respondents have filed two sets of statusreports. Learned Amicus Curiae responded to the same and filed suggestions. Learned Advocate General sought time tofile fresh status report and also to respond to the suggestionsmade by the learned Amicus Curiae. The matter was ordered to be listed on 22nd February, 2016.
- The Court was on winter recess/winter vacation and on the very first day of the opening of the Court, the matter was taken up. It was stated that so many persons have died including two practicing Advocates and wife of anAdvocate leaving behind four days’ old baby.
- It was also stated that a number of people are suffering and are admitted in hospitals. Further stated that some have died in the hospitals at Himachal Pradesh andsome have died at PGI Chandigarh.
It was also stated that the Government has taken serious note of the issue and appointed a Special InvestigatingTeam (for short “SIT”) headed by Additional Superintendent of Police (Rural) Shimla.
- Learned Advocate General was directed to file details of the investigation with a command to cause presence of the Investigating Officer heading the SIT. The parties were also requested to furnish the details of the persons, who havedied due to jaundice and the matter was posted for 23rd February, 2016.
- On 23rd February, 2016, learned Advocate General,filed the status report, dated 22nd February, 2016, in the caseFIR No. 03/16, dated 6th January, 2016, registered underSections 269, 270, 277, 336, 326, 420, 120B of the Indian
Penal Code (for short “IPC”) and Sections 43 & 44 of the Water (Prevention and Control of Pollution) Act, 1974 (for short “Act of 1974”) at Police Station Dhalli, District Shimla. He has also filed the compliance report made by the present Secretary (IPH) to the Government of Himachal Pradesh, which is reply to the status report in CWPIL No. 1 of 2016 and also response to the suggestions made by Mr. Bipin C. Negi, learned AmicusCuriae in CWPIL No. 10 of 2015 and Mr. Ramakant Sharma,learned Amicus Curiae in CWPIL No. 1 of 2016.
- While going through the response, it appears that the Investigating Agency and the State Government, i.e. the present Secretary (IPH), have virtually admitted that the water from LWSS Ashwani Khad was polluted, contaminated,dirty and a cause for jaundice outbreak.
- Before we pass appropriate orders in CWPIL No. 1 of 2016, we deem it proper to deal with CWPIL No. 10 of 2015 and CWP No. 3511 of 2015.CWPIL No. 10 of 2015 & CWP No. 3511 of 2015 23. Virtually, the State Government and the Municipal Corporation have accepted the suggestions and in the open Court, learned Advocate General has stated that the suggestions made in writing by Mr. Ajay Mohan Goel,Advocate, will also be considered.
- In view of the above, we deem it proper to dispose of both these writ petitions commanding the State Government for creation of a post/statutory body, to be manned by a competent authority and members alongwith requisite staff in order to deal with entire water supply system of Shimla town, also to deal with the entire water crisis relating to the State of Himachal Pradesh and to submitcompliance reports to this Court every after two weeks in CWPIL No. 1 of 2016.
- It is apt to record herein that we are disposing of these writ petitions while keeping in view the fact that the relief sought in these writ petitions has to flow from the outcome of CWPIL No. 1 of 2016. The orders have to be passed in the said CWPIL relating to the directions vizaviz adequate water supply for the reason that the LWSS Ashwani Khad has been closed.
- In view of the above, the officers of the State Government and other authorities have to find out a solution how to provide sufficient water supply to the inhabitants of the Shimla and the entire State of Himachal Pradesh. Therefore,requisite orders are to be passed in CWPIL No. 1 of 2016.
- The respondents in CWPIL No. 10 of 2015 have to file status reports/compliance reports relating to the steps
- Accordingly, both these writ petitions are disposedof alongwith all pending applications.
जांच एजेंसी ने कोर्ट में कहा कि चतुर्थ श्रेणी का काम वाटर सप्लाई की देखरेख करता था, कोई भी अफसर इस मामले में इंटरेस्ट नहीं लेता था। ठेकेदार से लेकर आईपीएच विभाग के इंजीनियरों की कलई भी खोली है। अदालत ने एसआईटी की रिपोर्ट के अंश आदेश में शामिल किए है। पढ़ें यहां-:
The Investigating Officer has reported that only classIV employees were checking the water supply from LWSS Ashwani Khad and the higher authorities have not taken any interest. Further reported that the SIT has found that all officers, who were manning the posts from time to time, have not taken any interest and even have not inspected the Ashwani Khad and the officers of the Municipal Corporation, were also found negligent/careless because they have not properly managed the Sewage Treatment Plants (forshort “STP”) at Malyana and Dhalli.
. It is profitable to reproduce paras 1, 4, 5, 7 and 9 of the status report filed by the SIT herein:
“1. That the case was registered on 06.01.2016 on the application of Sh.Tikender Singh Panwar, Dy. Mayor MC Shimla, which was, “the SHO Police Station Chhota Shimla, Subject:Registration a FIR against the Contractor of STP of Malyana and Dhalli. Sir, I being the Deputy Mayor and a Citizen of Shimla would like to bring the following facts to your notice:(
1) The MC Shimla house held on 29th December was chaired by me it discuss the rise in cases of jaundice in Shimla city.
(2) There after a committee was constituted to ascertain the reasons. The committee comprised of our Hon’ble councilors and experts including of CHO. (3) The committee visited the site of STP which eventually leads to Ashwani Khad from where water is
lifted for drinking purpose.
(4) The committee found that the STP at Malyana is not been run properly and contains large quantity of effluents which causes rise in Hepatitis cases.
(5)The STP’s at Malyana and Dhalli arerun by some private individual and it is because of his negligence that the sewerage is not treated properly. This seems to be a case of criminal negligence that wishfully or otherwise is not discharging his duties that are extremely important for a healthy system.
Yours truly, Sd/TikenderPanwar.
- The parameters for water quality analysis tests were not strictly adhere to.
- Neither the essential water quality analysis test like microbiological viz.
- coli nor Total Count was performed nor there any set up for such tests in the laboratory.
- That in STP Dhalli water water was directly flowing to the outlet without being treated at clariflocculator. Itwas found that bleaching powder used was made in the year 201415.
- That during investigation it was also revealed that STP contractor Akshay Dogar and his Supervisor Manoj Verma were not supplying chemicals in time.Neither they were conducting tests as perthe manual. JE, SDO & ExecutiveEngineer of IPH Deptt. who wereresponsible for proper functioning of this STP, did not properly performed theirduties with regard to proper use of bleaching powder, or the leakage at STP Dhalli, and non performing of laboratory test. Neither had they taken any action against contractor orsupervisor.
7.That SFSL Team Junga also inspected I&PH Drinking Water Testing Lab. at Dhalli and Municipal Corp. at the Ridge Shimla. Its observation with respect to MC lab. Were:
- Water quality analysis was being carried out without any Laboratory Procedure Manual.
- The two parameters performed for water quality analysis were insufficient.
- Neither the essential water quality analysis tests like microbiological viz. E. coli and Total Colony Count were performed nor there was any set up for such tests, qualified
professional (Microbiologist) in the laboratory.
- That SIT in its investigation also found that SDO, IPH and JE, IPH were not visiting these Lift Water Supply Scheme (LWS) Ashwani Khand and were not inspected these LWSS Ashwani Khad. As a result the whole management of LWSS Ashwani Khad
was left to the call of ClassIV employees, i.e. Beldars and Pump Operators and all the entries made in the registers mantained at LWSS Ashwani Khad were made by these Baldars and Pump Operator. They were never cross checked by Asstt. Engineer.Whereas JE had only done one inspection in the last 3 months.”
हाईकोर्ट ने संदीप धवल की अगुवाई में बनाई गई एसआईटी पर भी सवाल उठाया है । अदालत ने कहा कि ये एसआईटी २००७ से लेकर अब तक कौन कौन अफसर डयूटी पर रहे व उनके खिलाफ क्या कार्रवाई की गई इस पर पूरी तरह से चुप है । अदालत ने ये कहा-:
The report is silent as to who were the officers manning the posts right from the year 2007 till the jaundice outbreak, what action has been taken against them, whether the mandate of the Act of 1974 has been taken into consideration, whether the officers/officials have followed the mandate and who are the officers/officials responsible.
While going through the status report filed by the present Secretary (IPH), prima facie, it appears that the State Government has also come to the conclusion that the officers,who were manning the posts from time to time, have not taken any steps to maintain the purification of the water supply from LWSS Ashwani Khad and that is the reason they have closed LWSS Ashwani Khad. Whether any departmental proceedings/inquiry/action have been taken against the said officers is also not forthcoming.
अदालतों के आदेशों के मुताबिक रिपोर्टें फाइल नहीं की आईपीएच व प्रदूषण कंट्रोल बोर्ड ने।यहां अदालत ने ये कहा आज के अपने आदेश में
The respondents in CWP No. 4122 of 2014 are, prima facie, in contempt for the reason that they have not submitted the required status reports/compliance reports right from 18th September, 2014. However, two Engineers of I&PH Department have filed four status reports and the Member Secretary, H.P. State Pollution Control Board has filed compliance report, which are not in tune with the orders passed by this Court and in fact, are running contrary to the reports made by the Deputy Mayor, Municipal Corporation,
the present Secretary (IPH), report of the Forensic Science Laboratory (for short “FSL”) and the status report of the SIT, as mentioned hereinabove.
- What is the procedure which the officers were following while making payments to the contractor, i.e. M/s.Akshay Doegar, for operation and maintenance of the STPs at Lal Pani, Dhalli, SanjauliMalyana, Summerhill and North Disposal. The reports do suggest that he has not taken any steps for proper operation and maintenance of the STPs. Even he has not followed the basics, not to speak of taking all precautions, which he was supposed to take in order to receive the payments.
It is stated that the Additional Superintendent of Police, who was the head of the SIT, stands promoted as Superintendent of Police and is posted at Shimla. We direct him to be the head of the SIT and to conduct the investigation.
एसआईटी को आदेश २००७ से लेकर अब तक के एक -एक जिम्मेदार अफसर को ढूंढ कर लाए अदालत के सामने-
The SIT is directed to take the investigation to its logical end by pinpointing who are the officers right from the year 2007 till today responsible/involved. It shall also examine the role of all the officers, who were supposed to maintain themandate of the penal laws, other laws applicable in general and particularly, the Act of 1974.
It is made clear that we are not making any opinion that the said officers are involved. It is for the SIT to investigate and determine and submit the compliance reports every after one week.
मुख्य सचिव व सचिव आईपीएच को दिए ये आदेश-:
The Chief Secretary and the Secretary (IPH) to the Government of Himachal Pradesh are directed to furnish:
(i) details of all those officers who were manning the posts from the year 2007 right from the Chief Engineer upto the Peon;
(ii) details of the amount released in favour of the contractor and the procedure followed and names of the officers, who have passed those bills;
(iii) details of the steps, which they have to take in terms of the status reports filed before the Court on 23rd February, 2016, i.e. fresh status report, within one week(iv) details of the persons who have died due to jaundice and who are under treatment, as on today; and
(v) Whether any departmental inquiry/proceedings have been initiated and what is the stage?
आईएएस अफसर अनुराधा ठाकुर ने अदालत में दी गलत जानकारी-:
- Ms. Anuradha Thakur, present Secretary (IPH) to the Government of Himachal Pradesh, has stated that the department has complied with the directions made by this Court in CWPs No. 441 of 2007 and 4122 of 2014, which is not correct. In one breath, the Secretary (IPH) has stated that the LWSS Ashwani Khad was not properly maintained and the Government has issued orders for closing down the same interms of Annexure R1
and in the second breath, she has stated that the directions (supra) have been complied with.
- It is apt to reproduce relevant portion of para 1 of the response filed by the Secretary (IPH) herein:
“1. …………..Further it is submitted that the IPH Department in compliance to
the various directions and recommendations of the committees appointed by the Hon’ble High Court of
HP in CWPIL No. 441 of 2007, CWP No.4122 of 2014, the department has
complied some of the directions and recommendations as elaborated in thereply submitted to the Hon’ble HighCourt earlier. However, for implementing balance directions and recommendations requiring substantial funds, provisions have been made in the DPR amounting to Rs. 643.05 crores submitted to the World Bank for funding of USD 85.18 Million on dated 09.07.2015 after approval from the Ministry of Urban Development and Ministry of Finance (Department of Economic Affairs), Government of India Annexure R3………”
अनुराधा ठाकुर से अदालत ने सवाल किया कि अपने मातहत अधिकारियों व पिछले अफसरों को बचाने की खातिर गलत जानकारी देने के लिए उनके खिलाफ कार्रवाई क्यों न की जाए-:
- The Secretary (IPH) to the Government of Himachal Pradesh is asked as to why action shall not be drawn against her for making incorrect/contradictorystatements. Is she trying to shield her predecessors and subordinate officers or is trying to carve out a case for them or rather is trying to mislead the Court.
चीफ सेक्रेटरी और सेक्रेटरी यूडी पर भी सवाल-:
The Chief Secretary and the Secretary (UrbanLocal Bodies) to the Government of Himachal Pradesh were supposed to have a vigilance being the Head of the institutions and to ascertain whether the STPs were being maintained
properly. Further, they were supposed to see and ascertain whether the officers concerned were discharging their duties properly and whether the directions have been complied with.
Prima facie, it appears that they have failed to do so. Had they passed the requisite orders, there would not have been jaundice outbreak. Their failure can be seen in terms of the orders made by them whereby LWSS Ashwani Khad stands closed. They are directed to explain by filing affidavits.
प्रदेश के सभी डीसी व एसपी व बाकी अफसरों को दिए ये आदेश-:
- The District Magistrates, Superintendents of Police and the authorities concerned are directed to implement the provisions of The Food Safety and Standards Act, 2006 (for short “Act of 2006”) in letter and spirit. Any deviation shall be seriously viewed.
- The Principal Secretary (Education) to the Government of Himachal Pradesh is commanded to direct all the educational institutions, right from Primary Schools upto the Universities, for following the provisions of the Act of 2006
and also to ensure providing pure mineral water to the students in terms of the Act of 1974.
The Director, Public Relations, is directed to make aware the public in general by using press media, social media and other methods. Any deviation shall be seriously viewed.
The Chief Medical Officers in the entire State of Himachal Pradesh are directed to furnish the details of all the persons, who are/were admitted in the hospitals, are/were under treatment because of jaundice alongwith the details of all those persons who have succumbed to the said outbreak.
प्रदेश की सभी अदालतों को दिए ये आदेश-:
All the Courts in the State of Himachal Pradesh are directed not to take up any matter, which is directly or indirectly connected with CWPIL No. 10 of 2015, CWP No. 3511 of 2015 and CWPIL No. 1 of 2016. Any person, who is aggrieved or wants clarification, is at liberty to approach this Court.
- It is made clear that SIT, police agencies, accused persons and other affected persons are at liberty to approach the Court(s) of competent jurisdiction for redressal of their grievances in FIR No. 03/16, dated 6th January, 2016,registered at P.S. Dhalli, which is being investigated by SIT,as discussed hereinabove.
- अदालत ने ठेकेदार का एक करोड़ रुपया अदा न करने के आदेश दिए-:
- Learned Advocate General was asked to give details as to whether any amount was due to the Contractor.
He, after inquiring from the authorities concerned, stated that ` 99,45,831/is
due to the Contractor till 31st January, 2016. He has furnished the information across the Board, made part of the file. The concerned authority is directed not to release the amount in favour of the Contractor.
अदालत को गुमराह करने वाले इंजीनीयिर सुमन विक्रांत व सुनील जस्टा को शो काज नोटिस भेजा कि क्यों न उनके खिलाफ अदालत को गलत जानकारी देने के लिए मुकदमा व अवमानना की कार्यवाही की जाए।अदालत ने ये कहा-:
Prima facie, it appears that the respondents in CWP No. 4122 of 2014 are in contempt. Learned Advocate General is directed to furnish the particulars of the officers,who are/were manning the posts w.e.f. 19th September, 2014,till today, within three days. Registry is directed to frame Rule against the said respondents in CWP No. 4122 of 2014 and ask them to show cause as to why they should not be punished for breach/violation of the Court orders in terms of the Contempt of the Courts Act.
The record of CWP No. 4122 of 2014 does disclose that four reports have been filed by I&PH Department, one by Er. Suman Vikrant and three by Er. Sunil Justa. All these reports are not in tune with the judgment. Not only this, these reports are misleading and have made the Court to believe that the respondents have complied with the Court directions, which is not factually correct in view of the latest reports,outbreak of jaundice and shutting down of LWSS AshwaniKhad.
- They are asked to show cause as to why they should not be: (i) dealt with in terms of the mandate of Contempt of Courts Act, and
(ii) prosecuted for filing false affidavits before this Court and for misleading the Court.
प्रदूषण कंट्रोल बोर्ड के सदस्य सचिव विनीत कुमार को शोकॉज नोटिस भेजा कि उन्होंने मार्च २०१५ में झूठी रिपोर्ट अदालत को क्यों दी। अदालत ने ये कहा-:
. Mr. Vineet Kumar, Member Secretary, Pollution Control Board has filed status report on 3rd March, 2015, has failed to file compliance report right from 18th September, 2014till 3rd March, 2015 and thereafter till today, has been asked to show cause hereinabove, but the report submitted by him on 3rd March, 2015, is, prima facie, incorrect, rather false, in view of the latest reports of the concerned authorities, as discussed hereinabove. He is further asked to show cause as to why he should not be prosecuted for filing false affidavit in addition to the contempt proceedings already drawn against him.
पीजीआई में पीलिया के सात लोगों की मौतें हुई। जबकि बीते रोज प्रदेश के स्वास्थ्य मंत्री कौल सिंह ने पीजीआई में दो लोगों की मौतें होने का दावा कर कुल दस लोगों के मरने का खुलासा किया था। लेकिन अदालत में पीजीआई की ओर से दाखिल रिपोर्ट में सात लोगों के पीजीआई में ही दम तोड़ने का खुलासा किया गया है।
In response to the orders made by this Court, the Senior Administrative Officer (H), PGI, Chandigarh, has furnished the information, in terms of which seven persons have died at PGI Chandigarh due to the said disease, made part of the file.
The question is – how to reach to the victims/ legal representatives of the deceased?
The concept of grant of interim compensation, based on no fault liability, is outcome of the pronouncements of judgments made by the Apex Court. The purpose is to offer prompt financial relief to the sufferers. The niceties of law and facts have no role to play.
It is the duty of the Courts to make such interim orders which are required at the relevant point of time in view of the facts and circumstances of the case read with development of law from time to time.
In order to achieve the purpose of grant of interim or final relief promptly and spurn any attempt at procrastination in view of the facts and circumstances of thecase, which are crying for the same, the Courts should not succumb to niceties, technicalities and mystic maybe’s.
We are of the considered view that the Writ Court can exercise powers in terms of the mandate of the Constitution read with the inherent powers and can grant interim relief, even though it is not specifically provided for.
- Thus, I am of the considered view thatCivil Court can grant interim
- At the cost of repetition, we have lost so many lives because of the fault of the State authorities/officers, who were/are manning the posts, including the Contractor because they have failed to maintain the purification of water, whichthey were supposed to do in view of the Acts of 1974 and 2006.
- In view of the above, we deem it proper to award ` two lacs as interim compensation to the legal representativesof each of the deceased.
- The State is directed to deposit the amount of interim compensation before this Court within four weeks.
- It is made clear that the observations made herein above are only prima facie and cannot be read and held that the said officers/persons are liable for criminal
prosecution or departmental inquiry. It is for the concerned investigating agency/Court(s) and department(s) to thrash out.
Any observations and expressions made hereinabove shall not cause prejudice to anyone.
- All the respondents are directed to file status reports weekly in terms of the directions passed in this order read with the directions already passed in CWPIL No. 10 of 2015 and CWP No. 3511 of 2015.
- Registry is directed to consign the record of CWP No. 441 of 2007, CWPIL No. 10 of 2015 and CWP No. 3511 of 2015. The record of CWP No. 4122 of 2014 be made available with the contempt proceedings.
- List on 2nd March, 2016.
- Registry is directed to supply dasti copy of this
order to learned counsel appearing on behalf of all the parties.
(Mansoor Ahmad Mir)
(Tarlok Singh Chauhan)
February 25, 2016