JUDGMENT Manmohan Sarin, J.
1. Rule.
With the consent of the parties, writ petition is taken up for disposal.
2. Petition Society is running a School at G-393/12, Sangam Vihar, New Delhi, having approximately 500 students.
The case of the petitioner is that it was getting the water supply through a borewell at plot No. G-12/88B, Sangam Vihar, New Delhi, belonging to petitioner No. 2. The admitted position is that there is no regular water supply through Delhi Jal Board to the colony.
3. By way of an interim order, Delhi Jal Board was directed to supply one tanker daily to the School to meet the urgent requirements of water. The case of the petitioner is that they have nearly 500 students, who are studying and they are being denied basic amenity of potable water.
4. Counter affidavit has been handed over in Court by counsel for Central Ground Water Authority. The same is taken on record. Counsel appearing for Central Ground Water Authority submits that the application of the petitioner for sanction had been wrongly submitted to another formation of the organisation and was not received in the concerned office for necessary action and was misplaced in transit. It is stated by the Authority that in case petitioner's School is a recognised one, they would have no objection to grant permission for boring a tubewell in the School premises.
I have heard counsel for the parties. I am of the view that with a view to avoid any complication and possible misuse, it would not be advisable to permit petitioner No. 1 to dig a borewell in the property of petitioner No. 2 for supply of water to the School of petitioner Society. Although, it is an unauthorised colony, the ground reality cannot be over-looked that there is a functional School with 500 students, who have to be provided this basic amenity. Learned counsel for respondent Authority states that as per its policy permission for borewell can be given in the South and South West Districts for new tubewell, re-boring/cleaning and development of existing tubewells to Delhi Jal Board, Government Organisations, recognised Schools/Institutes, Hostels, Embassy and State Bhavans, where Jal Board supply is not available. The School of the petitioner is not a recognised one. Learned counsel for the petitioner states that recognition had not been sought as the cost was high and School is catering to the members of the lower strate of the Society. Learned counsel for the petitioner after some deliberation states that petitioner Society would seek recognition for the School and time of 9 months may be granted for that purpose. In this view of the matter and with a view to provide the basic amenity of potable water to the petitioner, let the petitioner apply to the Central Ground Water Authority within a week from today. The Central Ground Water Authority shall process the application of the petitioner, though being an unrecognised School on the condition that recognition would be obtained by the petitioner within a period of one year. The application of petitioner Society for permission to dig a borewell be disposed of within three weeks of receipt. The period of 9 months will be counted from the date of disposal of the application by the Central Ground Water Authority.
The writ petition stands disposed of in the above terms.