CANTONMENT BOARD Vs. AMIR CHAND

JUDGEMENT

(1.) By this order, two appeals, i. e.1092 of 1998 and Appeal No.503 of 1999 are being disposed of as both the appeals arise out of common order dated 9th September, 1998 of the District Forum, Jalandhar in Complaint No.74-DF-97 of 1998, directing the opposite party No.1 to pay Rs.17,000/- as compensation for mental tension, harassment etc. for negligence and deficiency in service in not supplying the pure drinking water to the complainant beside Rs.2,000/- as costs of the complaint. The complainant in appeal has prayed for enhancement of compensation amounting to Rs.4.50 lacs.

(2.) The complainant alleged that the complainant is a resident of House No.24, R. A. , Top Khana Bazar, Jalandhar Cantt. and had obtained the water connection for the supply of drinking water from the opposite parties and was paying the water charges regularly. The opposite parties were duty bound to supply drinking water as well as the maintenance of hospital, dispensaries and for the prevention of infection and contagious diseases under Sections 150, 217, 218 of the Cantonment Board. As per narration, the Cantonment, Jalandhar Cantt. was established somewhere about 60 years back and since then water supply line of the Board for the supply of pure drinking water for the domestic use was being supplied. The opposite parties have not taken into consideration the aspect that the pipes have outlived their life and was leaking from each pipe and contaminated water was being supplied to residents for domestic use. In the month of December, 1996 the situation became very aggravated when the sewerage water started mixing with the drinking water supplied to the residents through the water supply system maintained by the opposite parties and as a result of which hundred of people became victim of diseases after consumption of the said supplied water. The opposite parties failed to take proper care and to maintain the supply of the drinking water for which they were under obligation under the Cantonment Act, 1924. The relevant portion of the complaint reads as under : "that it is the obligation and duty of the Cantonment Board being the Public Authority for the proper maintenance of the hospital and dispensaries within the Cantonment Area. The same is being reproduced hereunder : 'sub-section 1 : Board may, (a) provide and maintain either within or outside Cantonment as many hospitat or dispensaries as it thinks fit; (b) Make upon such terms as it thinks fit to impose a grant-in-aid to any hospital or dispensary or veterinary hospital, within or without the Cantonment not maintained by it. Sub-section 2 : Every hospital or dispensary maintained or aided under Sub-section 1 (b ). Sub-section 3 : A Medical Officer appointed in such manner as the Central Government may direct, shall be incharge of every hospital or dispensary maintained or aided under this section. ' the Cantonment Board, Jalandhar Cantt. is maintaining and aiding a Civil Hospital at Jalandhar Cantt. just opposite the Cantonment Board Office and the opposite party No.2 is the Medical Officer, as such appointed, who is responsible for the treatment and medical aid to the patients. That it is the bounded duty of a Public Authority like Cantonment Board, Jalandhar Cantt. to maintain and supply the fresh drinking water to its citizens. The duty is cast upon the Cantonment Board under the Cantonment Act, 1924 under Sections 217 and 218 of the said Act, which are reproduced for kind reference : 'section 217 (1) : In every Cantonment where sufficient supply of pure water for domestic use does not already exist, the Board shall provide or arrange for the provision of such a supply. (2) The Board shall, as far as possible, make adequate provision that such supply shall be continuous throughout the area and that the water shall be at all time pure and fit for human consumption. Sec.218 (1) : The Board may, with the previous sanction of Central Government by public notice, declare any lake, stream, spring, well, tank reservoirs or other resources whether within or without the limits of the Cantonment (other than a source of water supply under the control of Military Engineering Service or Public Works Department) from which water is or may be made available for use of the public in the Cantonment to be a source of public water supply. (2) Every such source shall be under the Control of the Board. Sec.220 (1) : The Board may permit the owner, lessor or occupier of any building or land to connect the building or land with a sewerage or public water supply by means of communication of pipes of such size and description as it may prescribe for the purpose of obtaining water for domestic use. (2) The occupier of every building so connected within the water supply, shall be entitled to have, for domestic use, any return for tax, if any, such quantity of water as the Board may determine. "

(3.) As alleged, since the opposite parties had failed to provide services required under the Cantonment Act and failed to supply pure drinking water for domestic use, the disease spread due to the consumption of the contaminated water and the complainant became a victim of the terrible disease of jaundice. The complainant when came to know of the disease approached the opposite party No.2 for medical care and treatment but he could not given proper treatment due to paucity of medicines. The opposite parties had failed to provide service as mandated in the Cantonment Act, 1924, amounted to deficiency in service. Rs.10,000/- spent on the medicines alongwith costs of the complaint and interest.