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In Re : Direction Given by S.L. Saraf, J.

Type Court Judgment Court Allahabad Decided Aug 26, 1997
~3 min read
https://sooperkanoon.com/case/468235

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Citation
Court
Allahabad High Court
Judge
Decided On
Case Number
P.I.L. Writ Petition No. 28172 of 1997
Subject
Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Electricity - non repair of water pumps - scarcity of water occurred due to non-repair of water pumps - non availability of electricity reason for frequent break down of water pumps - Electricity department directed to supply electricity at regular intervals and Water Department directed to take necessary steps to e...

Key legal issue
Miscellaneous

Parties & Advocates

Appellant / Petitioner

In Re : Direction Given by S.L. Saraf, J.

Legal References

Reported In
1999(2)AWC1047

Excerpt

electricity - non repair of water pumps - scarcity of water occurred due to non-repair of water pumps - non availability of electricity reason for frequent break down of water pumps - electricity department directed to supply electricity at regular intervals and water department directed to take necessary steps to ensure undisrupted distribution of water. - - there is no sufficient electricity available and theelectricity, if made available, goes out off and on and there is good amount of fluctuation of electricity resulting in damage to the motor pumps......made available, goes out off and on and there is good amount of fluctuation of electricity resulting in damage to the motor pumps. however, for the time being, they have repaired the water pumps and the water is made available in-pursuance of the order of this court. they have also assured that in future, an immediate action should be taken for repairing and replacing the water pump as and when such emergent situation will arise. the chief engineer (east), u. p. jal nigam states that proper care and prompt action should be taken in future to ameliorate the sufferings of the people and the district magistrate also submits that he would take proper supervisory steps in the matter of restoring water to the people. however, it is necessary that a direction should be issued to the chief engineer. electricity department to see that proper supply of electricity should be maintained in chaka block area and there should be no laxity on the part of the electricity department to supply the electricity atleast during morning and evening hours regularly so that drinking water may be supplied from the tank. however, the callous indifference shown by the jal nigam authorities to the suffering of the people due to non-availability of water is highly deprecated and they' are hereby warned that in future no such callousness or slackness be shown to the agonies and miseries of the people. whenever there is breakdown in the water supply, they should immediately take steps to replace the water pump and also make available drinking water through water tankers to the various localities and to the remote comers. '4. with these observations and with the directions to the electricity department to supply proper electricity during some regulated hours to chaka block so that water is pumped out and the people are able to get water, in view of the compliance of ' my order dated 24.8.1997 the case is disposed of. the two affidavits filed one by the chief engineer and the other by junior.....

Full Judgment

ORDER

S.L. Saraf, J.

1. On 24th August, 1997, I issued a show-cause notice to the District Magistrate. Allahabad, the Chief Engineer (East) U. P. Jal Nigam, Allahabad and one P. P. Misra, Junior Engineer, Construction Division, U. P. Jal Nigam, Allahabad to show cause as to why the drinking water is not being made available to the people of Chaka Block and directed them to restore the water supply within a period of twenty four hours In the entire area of Chaka block.

2. Today, in Court room the District Magistrate, the Chief Engineer (East), U. P. Jal Nigam. Allahabad and one Sri P. P. Misra. Junior Engineer are present and they have expressed their regret that such scarcity of water has occurred due to non-repair of water pump. Their submission Is that water pump has now been repaired and the water has been made available to the residents of Chaka block from 4 p.m. onwards since yesterday. The authorities have also brought in water tankers to meet the scarcity of water In remote places and are utilising the hand pumps available in the locality.

3. The other submissions made by the counsel for the Jal Nigam Is that though the pumps are repaired from time to time but the same goes out of order due to erratic nonavailability of electricity. There Is no sufficient electricity available and theelectricity, if made available, goes out off and on and there is good amount of fluctuation of electricity resulting in damage to the motor pumps. However, for the time being, they have repaired the water pumps and the water Is made available In-pursuance of the order of this Court. They have also assured that In future, an immediate action should be taken for repairing and replacing the water pump as and when such emergent situation will arise. The Chief Engineer (East), U. P. Jal Nigam states that proper care and prompt action should be taken in future to ameliorate the sufferings of the people and the District Magistrate also submits that he would take proper supervisory steps in the matter of restoring water to the people. However, It is necessary that a direction should be issued to the Chief Engineer. Electricity Department to see that proper supply of electricity should be maintained In Chaka Block area and there should be no laxity on the part of the Electricity Department to supply the electricity atleast during morning and evening hours regularly so that drinking water may be supplied from the tank. However, the callous indifference shown by the Jal Nigam authorities to the suffering of the people due to non-availability of water is highly deprecated and they' are hereby warned that in future no such callousness or slackness be shown to the agonies and miseries of the people. Whenever there Is breakdown in the water supply, they should immediately take steps to replace the water pump and also make available drinking water through water tankers to the various localities and to the remote comers. '

4. With these observations and with the directions to the Electricity Department to supply proper electricity during some regulated hours to Chaka Block so that water is pumped out and the people are able to get water, in view of the compliance of ' my order dated 24.8.1997 the case Is disposed of. The two affidavits filed one by the Chief Engineer and the other by Junior Engineer are kept in the record.

5. The Registrar. High Court, Allahabad is directed to communicate the order of this Court to the Chief Engineer. U. P. State Electricity Board, Lucknow for necessary action.

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