MITA PANDEY Vs. STATE OF JHARKHAND THROUGH ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, GOVT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) COUNSEL for the petitioners in both the writ petitions submitted that both these matters are for providing drinking water in the district of Sahebganj and Pakur of the State of Jharkhand. It is submitted by the counsel for the petitioners that now looking into the counter -affidavits filed by the respondents, State of West Bengal has shown their inclination for supply of drinking water from the water reservoir which is falling within the State of West Bengal. Moreover, the State Electricity Board is ready to supply power which is required for running the pumps for the water supply for proving drinking water in the district of Sahebganj and Pakur and the State of JHARKHAND has also shown their inclination and eagerness through its machinery for laying down pipelines in both the aforesaid districts. But now the Railway Authorities has brought "Goods Train Approach" in between the land required for laying down pipelines, and though the State of JHARKHAND has written letters in the year 2009 as well as in the year 2011 for approval of laying down of pipelines which is crossing the Railway track, but the Railways Department of the Union of India is silent and neither they are approving nor they are disapproving it. The plans which is sent by the State of JHARKHAND that its goods train approach must be brought to an end, but the application preferred by the State in the year 2009 has not been finalized by the Railway authorities of the Union of India, even in the year 2012 and therefore, let a suitable direction be given so that in the public interest, the indifferent approach of the Railway authorities may be brought to an end and they may be directed to decide the request made by the State of JHARKHAND for grant of approval of laying down pipelines for supply of drinking water to the rank and file of both the aforesaid districts.

(2.) COUNSEL appearing for the Railway authorities, is seeking time and it is submitted by the counsel that as early as possible, the request of the State of JHARKHAND will be scrutinized and an affidavit will be filed to that effect about the progress of the proposal received by the Railway Ministry / Department of the Union of India.

(3.) IT is further submitted by the counsel for the State that a reminder letter and also a general letter has been written in the year 2011. Thus, the Ministry of Railways will take a decision forthwith so that in both the districts, the drinking water will be supplied by the pipelines as stated in the several affidavits filed by the respondents. Counsel for the State has also submitted that they have not received any communication from the Railway Ministry by way of objection and thus, they are under belief that there is no objectionable point in the application filed by the State for getting No Objection Certificate.