Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 18 July, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
WRIT PETITION (PIL) NO.98 OF 2022
18TH JULY, 2022
Suo Motu PIL; In the matter of pollution in the Nainital Lake
due to falling of water from sewer and getting into it
...... Petitioner
Vs.
State of Uttarakhand and Others ...... Respondents
Presence: -
Shri Rakesh Thapliyal, learned Senior counsel assisted by Shri Pankaj
Chaturvedi, learned counsel for the Jal Sansthan, Nainital.
Shri C. S. Rawat, learned Chief Standing Counsel along with Shri G. Tripathi,
learned Brief Holder for the State.
JUDGMENT: (Per Shri Vipin Sanghi, C.J.)
The response affidavit of the District Magistrate,
Nainital, tendered in the Court, is taken on record. We are
informed that the repair work of sewer line has been
undertaken which was blocked. For immediate
repairs/maintenance of the damaged sewer lines at various
spots of Nainital city, the fund amounting to Rs.88.96 lakh
has been approved by the Secretary, District Level
Development Authority, Nainital vide letter dated 14.7.2022.
Under the said Fund, the cleaning and repair work of the
damaged sewer lines is proposed at the following spots: -
1. Near National Hotel, Tallital
2. Near Braeside School
3. Near Ramlila Ground, 07 Number, Mallital
4. Staff House, Mallital
5. From Lila Niwas, Zoo Road to new Bharat Hotel
6. From Chadda building up to Bhawar Hall, Tallital
7. Royal Hotel Compound
8. SSP Office, Tallital
9. Fanshi Gadhera, Tallital
10. On the backside of B.D. Pande Hospital
11. Oak Lodge Compound, Mallital.
2. The affidavit further states that for immediate
cleaning of sewer lines, one number of bucket type sewer
cleaning machine is proposed to be purchased. Under the
Long Term Plan Scheme, the Executive Engineer has
estimated that the work required to be undertaken would cost
Rs.330.07 lakh. The said proposal would be sent to the
Government for sanction. The said detailed work plan
(Phase-1) for repairing/cleaning of the sewer lines in Nainital
city includes the following: -
1. Charten Lodge area, Mallital
2. Metropole area, Mallital
3. Near King Press, Mallital
4. Near DSB College, Mallital
5. SSP Office Campus
6. Near Hanuman Mandir, Staff House
7. Near Valmiki Mandir, Sukhtal
8. Near the house of Mr. Lohani, Oak Lodge, Mallital
9. Sadar Bazar, Mallital
10. Fanshi Gadhera, Tallital
11. Mankapur area, Mallital
12. Dhampur Band, Mallital
13. Near TRC, Mallital
14. Rukut area, Mallital
15. Near Surya Hotel, Tallital
16. Near Bhawar Hotel, Tallital
17. Near Jubli Hall, Mallital
18. Near Clerk Quarter, Haldwani road
3. It is further stated that in Nainital city, the
construction work of Trunk Line having length about 4.25
kilometers and diameter of 800 MM (from Classic Hotel via
Hanuman Garhi up to Roosi Treatment Plant) and the Sewage
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Treatment Plant, having 17.5 MLD capacity, is under progress
at Roosi Village. The estimated cost of said Scheme is
Rs.77.57 crores, pursuant to which, the Sewerage Treatment
Plant construction work has been started.
4. Though the Executive Engineer, who is present in
the Court, states that the overflow of sewerage at Charten
Lodge has stopped, Mr. Anil K. Bisht, learned Addl. CSC, who
is present in the Court, states that the sewerage is seen
flowing at that place even today in the morning.
5. The Executive Engineer states that there are
certain encroachments/illegal constructions of two shops
being undertaken which prevents undertaking the repair work
of sewerage line. We direct the District Magistrate, Nainital to
ensure that no encroachment or illegal construction should
come in the way of repair work of the sewer line, as that is of
paramount importance and infringes the rights and interest of
public at large. Immediate steps should be taken to
remediate the situation by the District Magistrate.
6. We also informed the Executive Engineer, Jal
Sansthan, Nainital that there is sewerage overflowing near
the High Court in the Officers' Colony. The matter was
passed over to enable the Executive Engineer to visit the area
and inspect the same. He has reported that there is a breach
in the sewer line near 'Pant Sadan', and states that steps
have been initiated to repair the same. We direct that the
said work should be completed at the earliest by carrying out
the work round the clock, if necessary.
7. One aspect that we find a little worrisome is that it
is the citizens and the Press who are having to point out
breaches in the sewer system in Nainital. It should be the
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concerned authorities who should be vigilant and before
anybody else noticing any such breach in the sewer line, the
same should be noticed and immediate repair work should be
undertaken.
8. We are also informed that nine persons have been
deployed to carry out vigilance/survey in this regard. We
direct the Executive Engineer, Jal Sansthan, Nainital to
monitor the working of said persons on a daily basis and the
persons who are entrusted with the said job, should be held
responsible in case they do not do their work efficiently,
and/or do not report breaches in sewer line promptly. For
this purpose, a register should be maintained with regard to
their attendance, and the work that they have done/area they
have surveyed.
9. The Executive Engineer, Jal Sansthan, Nainital
shall continue to undertake the repair works not only at the
locations we have taken note of, hereinabove, but also at any
other locations where there is a breach in the sewer line. A
'further status report' be filed before the next date.
10. List on 20.07.2022.
_____________________
VIPIN SANGHI, C.J.
______________
RAMESH CHANDRA KHULBE, J.
Dated: 18th July, 2022
R.Bisht
