Himachal Pradesh High Court
Court On Its Own Motion vs State Of H.P. & Others on 14 November, 2024
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
Neutral Citation No. ( 2024:HHC:11424-DB )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWPIL No. 108 of 2017.
Date of decision : 14.11.2024.
Court on its own motion ...Petitioner.
Versus
State of H.P. & others ....Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief
Justice.
The Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1No.
For the petitioner : Mr. Sanjeev K. Suri, Advocate as
Amicus Curiae.
For the respondents : Mr. P.P. Singh, Addl. A.G., for the
respondent-State.
Mr. Deepak Kaushal, Sr. Advocate
with Mr. Abhishek Verma, Advocate,
for respondent No.12.
Tarlok Singh Chauhan, Acting Chief Justice: (Oral)
Taking cognizance of the matter regarding decline of
water level on account of illegal mining, the instant petition came
up to be registered as Public Interest Litigation by this Court.
2. Even though, various affidavits having been filed in
this case, however, we may only refer to the recent affidavit filed
by the Principal Secretary, Himachal Pradesh Ground Water
Authority, dated 27.9.2024.
Whether reporters of Local Papers may be allowed to see the
judgment?
3. On, 23.8.2024, the respondents were directed to file a
status report. The respondents filed the status report on
27.9.2024, the relevant portion whereof reads as under:-
"A) That it is respectfully submitted that Superintending
Engineer, Jal Shakti Circle, Una vide letter dated
21.9.2024 stated that Village Kuthera Jaswalan area
is situated on the right side of river Sawan in Tehsil
Gagret, Distt. Una, H.P. The village is located on
Survey of India topographic sheet No. 53 A/2 in Una
Valley Satluj catchment. The area falls under the
Safe Category as per the Dynamic Ground Water
Resource Assessment study carried out in 2023 with
stage of ground water resource development at 64%, a
copy of letter dated 21.9.2024 is annexed as
Annexure R-1 for kind perusal of this Hon'ble High
Court.
B) That it is respectfully submitted that one piezometeric
well has been installed by Hydrology C&M Division,
Jal Shakti Vibhag, Tutikandi, Shimla-5 having depth
of 32.62 meters bgl (below ground level) to monitor the
ground water level in the area at Village Kuthera
Jaswalan near dispensary having location
coordinates N 31, 36, 19.6 and E 76, 07, 09.7. It is
pertinent to submit here that the depth to water level
in the piezometer in pre-monsoon period on 14th May,
2013 was 3.48 meter below ground level (m/(bgl) and
on 14th May, 2024 was 3.69 m/bgl indicates decline
of around 21 cm in water level in post-monsoon period
on 14th Nivember, 2013 was 2.38 m/bgl which shows
negligible decadal decline of around 04 cm.
C) That it is submitted that the area Kuthera Jaswalan
falls under the jurisdiction of Flood Protection
Divisiion, Jal Shakti Vibhag Gagret, and the Executive
Engineer FP division Jal Shakti Gagret vide letter
dated 10.9.2024 submitted that 8 Tubewells (1 Water
Supply Scheme and 7 Irrigation Schemes) exist in
village Kuthera Jaswalan and are working
consistently satisfactorily with no reported issues
regarding their discharge till date. Copy of letter dated
10.9.2024 is annexed as Annexure R-3 for kind
perusal of this Hon'ble High Court."
4. Since there is a 4 (four) millimeter decline in the water
source, which could be on account of a host of factors, we deem it
appropriate to give quietus to this petition. Ordered accordingly.
5. Accordingly, this petition is disposed of. However, we
make it clear that disposal of this petition shall not come in the
way of any individual or individuals in case they again file the
petition on account of same and similar cause of action. Pending
applications, if any, also stand disposed of.
(Tarlok Singh Chauhan)
Acting Chief Justice
(Satyen Vaidya)
14th November, 2024 Judge
(kck)
