HC pulls up Punjab for misleading report on sullage discharge

The Punjab and Haryana High Court has rapped Punjab for attempting to mislead the court regarding the discharge of sullage into a village pond. Taking exception to an affidavit filed on February 17 by Administrative Secretary, Department of Rural Development and Panchayat, Justice Kuldeep Tiwari has warned of contempt proceedings if the officer concerned failed to explain the submission of a misleading report.

The officer, among other things, had submitted that natural and artificial ponds in villages were being used for discharge of dirty household water through natural process of cleaning as well as seepage. Terming the explanation unacceptable, Justice Tiwari had directed the state to place on record the consolidation scheme and relevant revenue documents, including the “shariat wajib-ul-arz” or a record of customs, rights and liabilities in a village.

The direction came less than a month after the state informed the court that it had deepened a village pond to prevent sewage overflow near a school site at Togan village near Mullanpur. As the matter came up for resumed hearing, Justice Tiwari referred to another status report filed afresh in the matter before observing that “wajib-ul-arz” explicitly stated that the pond was meant for cattle and public use.

Justice Tiwari added that the specific area was left for pond as shown in the consolidation scheme. “A collective reading makes it clear that the narrations made in the status report dated February 17 were nothing but an attempt to mislead this court,” the Bench observed.

Justice Tiwari also referred to a Division Bench order dated July 15, 2020, on protecting village ponds. The state was directed to remove encroachments and unauthorised constructions within six months; the Punjab Pollution Control Board was mandated to monitor water quality in the village ponds and DCs were directed to ensure that untreated sewage was not discharged into these. A complete ban was further imposed on any form of mining activity in village ponds.

Before initiating contempt proceedings, the court granted the officer concerned an opportunity to file a response “and explain the reasons for furnishing the misleading status report”. Special Secretary, Department of Rural Development and Panchayat, was also directed to submit an affidavit detailing the measures taken to restore the pond to its original form and to prevent further sullage discharge. In case of non-compliance, the Special Secretary was directed to appear in person.