Identify natural sources of water, High Court orders Shimla MC

Vijay Arora

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shimla, june 1

The HP High Court has directed the Shimla Municipal Corporation to identify all natural water resources and ensure that the same are not illegally tapped/utilised by any individual(s).

It directed the Municipal Corporation to submit a detailed roadmap as to how it proposes to utilise these natural resources, especially, when by utilising the amount that has been received under Smart City Project.

The court passed this order yesterday on a petition on the issue of scarcity of water in Shimla city.

During the course of hearing, it was informed that natural resources have been tapped by the individual(s) without any right ostensibly for the reasons that such resources are located in their property, which is clearly a misconception as it is more than settled that water is the property of the state and no individual(s) whosoever has any right to claim this property even though situated within his property.

While passing this direction a division bench comprising Justice Tarlok Singh Chauhan and Justice CB Barowalia observed that “If officials are inactive and insensitive towards the encroachments on public land and water bodies, it would amount to infringing the constitutional rights of other citizens, who are residing in places near water bodies. This will affect the other citizens to get sufficient water. Thus, the infringement amounts to violation of constitutional rights ensured to all other citizens. It is the duty of the state to preserve the water bodies and prevent ecological imbalances. Such being the constitutional perspectives and duty of the state, the state authorities are bound to act in respect of all such encroachments.”

It observed that “the state holds all the water bodies in public trust for the welfare of this generation and all the succeeding generations and, therefore, protecting water bodies must be given as much weightage, if not more, as allowing house sites or other buildings to come up on such tanks poramboke lands, and water charged lands.”

The court also directed the Shimla MC to constitute a squad to ensure enforcement of Section 304 of the HP Municipal Corporation Act, 1994 and such squad shall conduct inspection between 6 am and 9 am and ensure that the pets of the towns are not permitted to defecate in the public places by their owners/attendants.

Infringing the rights of other citizens

If officials are inactive and insensitive towards encroachments on public land and water bodies, it would amount to infringing the constitutional rights of other citizens, who are residing close to water bodies. This will affect other citizens in getting sufficient water. Thus, the infringement amounts to violation of constitutional rights ensured to all citizens.