RAMJI PATEL Vs. NAGRIK UPBHOKTA MARG DARSHAK MANCH

JUDGEMENT

(1.) The Madhya Pradesh High court, in a Public Interest Litigation, instituted under Article 226 of the Constitution, has directed, by the impugned judgment dated 16/12/1996, that the dairies, located on the outskirts of the Jabalpur City, be shifted from their present location to the alternative sites. This judgment was passed in the Writ Petition in which the following reliefs were claimed : " (a) to direct the respondents to take appropriate, effective and immediate steps to remove the Cow/buffalo dung and urine from the pipe line of water filtration plant at Lalpur, Gwarighat. (b) direct the respondents to ensure that in future also no storage of Cow/buffalow dung and urine of animals may be done on the water supply pipe line of Lalpur, Gwarighat as stated in the body of the petition; (c) direct the respondents to take appropriate steps against the persons who have stored these hazardous materials on the water supply pipe lines; (d) Any other order/orders,writ/writs or direction/directions that this Hon'ble Court may deem fit and prnd proper, may also kindly be given. "

(2.) The principal ground on which the petition was founded was that the main water pipelines, which supplied water, after its filtration at Lalpur Filtration Plant, to the Jabalpur City, passed through the place where a number of dairy-owners, had started storing the cow/buffalo dung and waste of the dairy products, and that too, near the pipelines which was likely to contaminate the pure water supplied to the residents of the City for home consumption. On this aspect, the High court recorded the following findings:- "we called, the Public Health Engineering persons and the Corporation Authorities. The Corporation Authorities informed us that proceedings under Section 133 of the Code of Criminal Procedure were taken against these persons and against Shri Manohar Singh Marwaha. Against Marwaha dairy, final order has been passed which is also the subject of revision before the Sessions Judge, Jabalpur in which interim order has been passed by the Sessions Judge restraining the M. P. Electricity Board from disconnection of their power supply. We also sought reports from the Public Health Engineering Department, Revenue Authorities and Corporation Authorities and after considering the matter, we find that keeping all these dairies around these water supply lines is a great hazard to the lives of the people of Jabalpur, because most of them get water from these pipelines on which cow-buffalo dungs are being stored by the dairy owners as a result of which there is every likelihood of pollution in the town by the supply of polluted water. "

(3.) The High court, thereafter, considered the question of rehabilitating the dairy- owners at some other place and passed the following order on a consideration of the case of each dairy-owner individually: "5. We, therefore, explored the possibility of rehabilitating these dairy owners from the present location so that cow/buffalo dungs may not pollute the water supply lines. We have been informed that so far as dairy owner Ramji Patel is concerned, his present dairy is situated on Khasra No. 15/3 at Gwarighat. He has 107 cattle heads. He has other lands in village Lalpur, i. e. Settlement No. 641, bearing Kh. Nos. 134, 154/2, 135 and 136/3. It is, therefore, directed that since Ramji Patel has a site available on the lands bearing the aforesaid Khasra numbers, he should shift his dairy from the present site to any of the above mentioned sites of Kh. No. 15/3 at Gwarighat within two months from today. 6. Shiv Kumar Patel has got his dairy at Gwarighat on Khasra No. 15/2. He has 18 cattle heads. He has also a land in Khasra Nos. 4 and 5/2 at Gwarighat which site is sufficiently away from the present site. He is also directed to remove his dairy to any of the above mentioned places from the present one within two months from today. 7. Hariram Rajak has his dairy at Gwarighat. He does not have any land of his own. He has 30 cattle heads. He does not have any alternative land. Therefore, we asked the S. D. M. Jabalpur that he may be provided a site for his dairy. He has pointed out that there is a land available at village Tilhari, bearing Kh. No. 200/1 of Patwari Circle No. 23/27, measuring about 30. 106 hectares. We asked the Public Health Engineering Department authorities also to go and find out whether there is water available in that area or not. Shri. A. K. Tiwari, Chief Engineer, Public Health Engineering Department Jabalpur and his Executive Engineer both have inspected the area and also conducted hydrological tests. According to their report, there is plenty of water in that area. Therefore, there will be no difficulty so far as supply of water to this dairy is concerned. It is directed that Hariram Rajak shall make a proper application before the Nazul Officer Jabalpur and the Collector, Jabalpur shall forward the same to the State government for allotting 0. 50 hectares of land to him for running his dairy. The State Government is directed that 0. 50 hectares of land shall be allotted to Hariram Rajak on usual charges within a month from today. The Public Health Engineering Department shall dig a tubewell for him at that place at the cost of the State exchequer within another period of one month. Hariram Rajak shall be removed from the present place within a period of two months to the newly allotted site. All this exercise should be done by the State government and the Public Health Engineering Department within a period of two months from today. It will be the responsibility of the Corporation to see that the dairy of Hariram Rajak is removed within two months from today and all formalities shall also be completed by the State government within this period. 8. Another dairy owner is Shri Manohar Singh Marwaha. He shall also be allotted and at Tilhari. He has his dairy on 0. 148 hectares of land at Gwarighat. He has 150 cattle heads. He shall be allotted land at Tilhari out of Kh. No. 200/1, Patwari Circle No. 23/27, measuring 30. 10 hectares. Out of this Khasra, he will be given 0. 50 hectares of land on usual charges. He shall make an application before the Nazul Officer, Jabalpur and the Collector shall forward his application to the State government. The State government is directed to allot this piece of land to Shri Manohar Singh Marwaha. The Public Health Engineering Department shall also dig a tubewell on this land at the cost of the State. All this exercise should be done within a period of two months from today. It will be responsibility of the State government and the Public Health Engineering Authorties that all these facilities are made available to the aforesaid dairy owners. It will also be the responsibility of the Jabalpur Corporation to remove all the aforesaid dairies within two months from today to the locations mentioned above. "