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Hardev Singh Sandhu v. State of Punjab and Ors.

Punjab & Haryana HC31 Jul 2012CWP/21672/2011

Case brief

AI extract

What is this about?

This was a writ petition seeking directions for the supply of clean drinking water in a village. The court directed the State Power Corporation to restore the electricity connection to the water works upon deposit of arrears by the Gram Panchayat.

What did the court decide?

Directions to respondent No.8 (Punjab State Power Corporation Limited) to restore electric connection upon deposit of Rs. 1,50,000 and quarterly installments of Rs. 2,00,000.

Hardev Singh Sandhu Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 21672 of 2011

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Date of Decision: 31.7.2012

Hardev Singh Sandhu

... Petitioner

Versus

State of Punjab and Others

¶8

... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

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Present: Mr. R.S. Bains, Advocate for the petitioner.

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Mr. Alok Jain, Additional Advocate General, Punjab, for respondents No.1 to 7.

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Jasbir Singh, Acting Chief Justice (Oral)

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This writ petition has been filed with a prayer that directions be issued to the respondents to perform their statutory duty to ensure supply of clean drinking water to the residents of village Manuke through Water Supply System in existence.

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It is not in dispute that the Water Supply System was provided in village Manuke along with other villages under the Village Rural Water Supply Scheme.

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Upon notice, reply was filed wherein it is stated that the Electricity Department has disconnected the electricity connection of the Water Works of village Manuke on account of non deposit of electricity charges by the Gram Panchayat. It is further stated that after construction of the Water Works, it was handed over to the Gram

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Civil Writ Petition No. 21672 of 2011

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Panchayat for making it operational. The Gram Panchayat was responsible to issue water bills and collect the usual charges from the villagers. It is specifically stated that since from the year 2008 onwards the electricity supply charges were not deposited with the concerned department which resulted into disconnection of the electricity connection. On 13.7.2012, the following order was passed by this Court:-

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“Mr. Alok Jain, Additional Advocate General, Punjab, is directed to file an affidavit of the Secretary, Department of Rural Development and Panchayats indicating the number of tube-wells handed over to the Gram Panchayats, wherein electric connections have been disconnected due to non deposit of electricity charges. How the said situation can be remedied; and whether the Government can provide any assistance to those Gram Panchayats so that the water supply can be restored.

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On request, adjourned to 31.7.2012.”

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In response thereto, an affidavit has been filed by Sanjay Kumar, Secretary to Government of Punjab, Department of Water Supply & Sanitation and paragraph No. 6 thereof reads thus:-

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“6. That deponent submits that water Supply Scheme of village Manuke was made functional in the year 2005 and run satisfactorily in the initial phases, which many a times happens to be a bad phase and the problem started later on from March, 2008 onwards as the Gram Panchayat did not

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Civil Writ Petition No. 21672 of 2011

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made efforts to collect user charges even from the Connection holders and did not motivate people to install new Connections. It may be pointed out that steps were taken to augment water supply in pursuance to request made by the Gram Panchayat, Manuke on 21.12.2009 (Annexure R-4) for construction of another Water Works. The Gram Panchayat agreed to abide by the conditions of SWAP and deposited its beneficiary share in separate Bank Account of GPWSC after collection of funds from the villagers and further agreed to take the responsibility of Operation & Maintenance of Water Supply Schemes. Consequently, new Water Supply Scheme has been augmented under National Rural Drinking Water Programme (NRDWP ) and an amount of Rs. 55.86 lacs has been spent on this scheme. However, Gram Panchayat has not deposited the arrear of Electricity Bill and as much Punjab Power Corporation Limited has not released the Electric Connection for the new scheme also. The Department is continuously undertaking information. Education and Communication activities in this village as a special campaign and as a result thereof, the consumers have started paying their arrears leading to recovery of a sum of Rs,.1.50 lacs by the Gram Panchayat. Even Punjab State Power Corporation Limited has also agreed to accept payment of the arrears in instalments provided Gram Panchayat shows its inclination of depositing and assures timely payment of balance arrears in

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Civil Writ Petition No. 21672 of 2011

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four installments. Matter has been taken up with Punjab State Power Corporation Limited and is being impressed upon to treat 1^st installment as a sum of Rs.1.50 lacs for restoring electricity connections forthwith.”

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It is stated that the Gram Panchayat has now deposited ` 1,50,000 towards electricity charges.

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Under the circumstances, we dispose of this writ petition by issuing directions to respondent No.8-Punjab State Power Corporation Limited to restore the electric connection of the Water Works on deposit of a sum of 1,50,000 by the Gram Panchayat and rest of the arrears will be deposited by the Gram Panchayat in instalments of 2,00,000 quarterly and if the amount of quarterly instalment is not deposited, respondent No.8 will be at liberty to take action, as per law.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain) Judge

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July 31, 2012 “DK”

Hardev Singh Sandhu v. State of Punjab and Ors.

Case brief

What is this about?

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Hardev Singh Sandhu v. State of Punjab and Ors.

Case brief

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