Citation : 2024 Latest Caselaw 287 Meg
Judgement Date : 17 May, 2024
Serial No.10
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 9 of 2024
Date of Decision :17.05.2024
Dorbar Shnong Laitsohum
Represented by its Headman,
Nonglwai Sirdarship,
East Khasi Hills District,
Meghalaya.
...Petitioner
Vs.
1. State of Meghalaya
Represented by the Secretary
State Public Engineering Department
Shillong.
2. The Chief Engineer (P.H.E.)
Lower Lachumiere,
East Khasi Hills District, Meghalaya.
3. The Sub-Division Officer (P.H.E.)
Mawsynram Division
East Khasi Hills District, Meghalaya.
4. The Syiem (Chief)
Mawsynram Syiemship,
East Khasi Hills District, Meghalaya.
5. Dorbar Shnong Phutphanblei
Represented by its Headman
Mawsynram Syiemship,
East Khasi Hills District, Meghalaya.
...Respondents
1
Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Judge.
Appearance:
For the Petitioner/Appellant(s) : Mr. K.V. Kharlyngdoh, Adv.
Mr. S.Singphoo, Adv.
For the Respondent(s) : Mr.N.Syngkon, GA for R 1-3.
Mr. M.L. Nongpiur, Adv. for R 4.
Mr. E.Nongbri, Adv. for R 5
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. When the matter was taken up today, Mr. N.Syngkon, learned GA
on behalf of the respondent Nos. 1-3 has submitted that the matter can be
closed, inasmuch as, the Public Health Engineering Department has taken
remedial measures to ensure water supply in the village. He has drawn the
attention of this Court to the affidavit filed by the State respondents in this
regard, wherein at paragraphs 8 and 9, which is supported with
photographs, details of the source and pumpsets which had been installed,
have been given. Paragraphs 8 and 9 of the said affidavit is reproduced
hereinbelow:
"8. That a new water supply scheme for Laitsohum Village, namely "Laitsohum Water Supply Scheme"
was sanctioned vide Order No. NO.
SPVS.3/6/CN/Water Supply/2020-21/11, dated
03.06.2020, at an estimated cost of Rs. 1,48,41,900.00 (Rupees One crore forty eight lakhs forty one thousand and nine hundred) only. The said water supply scheme is sanctioned under the Special Purpose Vehicle Society (SPVS).
9. That the "Laitsohum Water Supply Scheme" is designed for providing Functional Household Tapped Connections to all 52 households in Laitsohum village. It is further stated that the Scheme is 100 percent completed and presently commissioning, trial and testing of pumpsets for supplying water to all households is in progress."
2. However, Mr. K.V.Kharlyngdoh, learned counsel for the petitioner
has submitted that though the water scheme is now in place, the supply is
inadequate to meet the needs of the village.
3. As the bone of contention is only with regard to the supply of water,
any shortfall or inadequacy is to be taken up by the villages with the
authorities themselves. Accordingly, on the basis of the affidavit filed by
the State respondents, this writ petition is closed at this stage and stands
disposed of.
4. However, the writ petitioner, if still aggrieved, may take up the
matter with the authorities, and it is given liberty to approach this Court if
a fresh cause of action, should arise.
5. Accordingly, matter stands disposed of.
Judge
Meghalaya 17.05.2024 "Samantha PS"
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