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SERVICES RENDERED BY H.P. STATE LEGAL SERVICES AUTHORITY DURING WATER CRISIS IN SHIMLA TOWN In the month of May, 2018, unprecedented and acute water crisis occurred in Shimla Town. Residents of Shimla Town were raising grievances about non supply of the water. The situation had gone out of control of Shimla Municipal Corporation. Hon’ble High Court of Himachal Pradesh took cognizance of water crisis on its own motion. CWPIL No.79 of 2018 was registered. The Hon’ble High Court had made the following observations on water crisis vide order dated 29.5.2018: "In our considered view, the overall position is of crisis which requires nothing but effective Management and immediate redressal at the ground level so that residents receive bare minimum quantity of potable drinking water." Various other directions were also passed by Hon’ble High Court in the said CWPIL No. 79 of 2018 vide orders dated 29.5.2018, 30.5.2018 and 1.6.2018. Some of which are enumerated as under:- 'Save and except under extreme emergent situation(s), no water through water tankers be supplied by Municipal Corporation, Shimla to any individual, more so in a VIP area, be it the Judges (including the Acting Chief Justice), Ministers, MLAs, Bureaucrats, Police Officers and commercial establishments with clarification that the order would not include the residences/offices of His Excellency, the Governor and Hon’ble the Chief Minister, State of Himachal Pradesh.' 1 'All constructions activities within Shimla planning area were suspended for at least one week, where after, depending upon the prevalent situation, committee so constituted, Deputy Commissioner Shimla/ Commissioner, Municipal Corporation/ any other committee which may be constituted subsequently to monitor the same shall take an appropriate decision with regard thereto. All car washing operations within Municipal limits of Shimla Town were suspended for a period of one week or till such time the situation acquires normalcy, which decision shall be taken by the committee constituted by the State or the Commissioner, Municipal Corporation.' 'H.P. State Legal Services Authority directed to immediately depute Para Legal Volunteers at each control room set up by the Municipal Corporation, Shimla with the direction that Para Legal Volunteers shall, by rotation, sit in the control room and help the official man the same.' 'A special endeavour be undertaken for sensitizing the resident of the need of saving water and utilizing it with discretion'. 'The Commissioner, Municipal Corporation was directed to inform the residents indicating the telephone numbers both landline as well as mobile number of each one of the persons manning the control rooms including the Retainer Lawyers and PLVs by furnishing this information by all modes including television, local cable channels, newspapers, FM Radio and All India Radio.' 'Member Secretary, H.P. State Legal Services Authority was directed to get verified independently by constituting a fresh team of PLVs, the water connection given to Hotels on pointing out by learned Amicus Curiae that for 224 hotels about more than 527 water connections were allotted and there was general impression of the public that water connections to some of the hotels stands provided illegally.' 2 'Hon’ble High Court has directed Commissioner, Municipal Corporation to supply details of water controlling valves (Keys) of each of the Keymen, holding the key to Member Secretary, H.P. State Legal Services Authority for purpose of monitoring the uploading of such information.' 'H.P. State Legal Services Authority was also directed to prepare and air jingles to educate and sensitize the public at large that the prudent usage of water was the need of the hour, also the factum of Members of the Bar High Court Association and PLVs assisting the Officers of the Municipal Corporation.' 'Member Secretary, HPSLSA was also directed to keep the inventory of the water distributed through tankers and also to depute PLVs for ascertaining the existence of bore well within the area of four control rooms established by Shimla Municipal Corporation by visiting the spot'. SERVICES RENDERED BY RETAINER LAWYERS AND PLVS In view of the aforesaid directions of the Hon’ble High Court passed in CWPIL No.79/2018, four teams of PLVs headed by Retainer Lawyers were constituted vide order dated 30.5.2018 to sit by rotation in the four control rooms i.e. The Ridge, Chhota Shimla, Sanjauli and Chaura Maidan and help the officials man the same, which is placed at Annexure-A. These PLVs helped in manning the four control rooms at Chhota Shimla, The Ridge, Sanjauli and Chaura Maidan round the clock. In all four control rooms, 390 complaints were received, which were entered in the register by PLVs. 3 Complaints/ grievances of the people were taken immediately with Nodal Officers, J.Es, Keyman and were got redressed. A brief description of the nature of the complaints/ grievances entertained by PLVs in all four control rooms is given as under:- . About no supply of water for many days. About irregular supply of water. About non-functioning of key(s) and for their replacement. About defected water reading meter(s). About no water in public toilets, library and hospitals. Leakage of water from pipes and their repair. Shortage of staff in M.C. Misuse of water in building construction. Fault in water line. Blockage of sewer line and reported the matter to MC Authority and got it restored. Use of Tulu pump by residents in Kasumpti, Kangnadhar and Kaithu areas. No water available in water ATM. Chlorine level of the water was also got checked in the presence of PLVs to ascertain the pot ability of water. PLVs also made efforts to fill public toilets tanks with Bore- well water to save potable water. Matters were brought to the notice of M.C. Authority where supply of water through tanker(s) was not possible to make remedial measures. 4 . Matters regarding non payment of water bills, construction activities and over flow of tanks brought to the notice of PLVs and the same forwarded to the MC Authority for taking necessary action. Awareness: . People were made aware about sector-wise water supply schedule. People were also made aware about the availability of the water supply through tankers in case of shortage. Awareness to conserve and save water in the hour of scarcity. Aggrieved persons were also simultaneously sensitized. Hon’ble High Court vide order dated 11.6.2018 had made the following observations: "As we understand, at this point in time, position with regard to distribution of water to the residents of Shimla town, more or less, is in order. Water is being distributed judiciously and equitably, in terms of sectoral plan, as already noticed and directed vide our earlier orders dated 30.5.2018, 31.5.2018 and 1.6.2018. Also total availability of water for such purpose stands increased. Also people are being sensitized to use the water prudently. Retainer Lawyers and Para Legal Volunteers have also monitored the situation round the clock. VERIFICATION OF WATER CONNECTIONS OF HOTELS BY TEAM OF LAWYERS AND PLVs ETC. As per the directions of Hon’ble High Court, H.P. State Legal Services Authority had constituted four teams for verification of water connections in the hotels vide order dated 5 1st June, 2018, which is placed at Annexure ‘B’. Each team comprised of two Advocates, Para Legal Volunteer, one official each from Municipal Corporation and Tourism Departments. Area was assigned to each team. ZONE-WISE REPORTS: Chhota Shimla Control Room: The team verified 21 water connections of different hotels. The discrepancies found by the team are enumerated as under:- . Water connections to some of the hotels have been given through ¾" pipes whereas permissible is ½" pipe as stated. No standard for storage capacity of water. Origin of some pipes could not be traced by the team and this fact needs to be investigated and verified through experts. Consumption shown as per meter reading does not coincide with the capacity of tanks. One illegal connection was found in Hotel Fair Mount. One connection found without water meter in Hotel Kalra Regency. Private connections were also found in some of the hotels. Some of the connections were not traceable. Some of the hoteliers have not paid pending bills. One private Bore well was found operating in Hotel Himland East. 6 Sanjauli Control Room:- The team verified 27 water connections of different hotels. The discrepancies found by the team are enumerated as under:- . Water connections to some of the hotels, have been given through 6" and 1" pipes directly from Craignano Pump Station. No standard for storage capacity of water. Some of the hotels were found having water connections released by M.C. Shimla as well as by I&PH Department. Some of the hotels were found getting water through ¾" pipe. Some of the hotels were found getting direct water connection through 2" pipes from Mashobra Pump Station. Some of the hotels were found getting direct water connection through 1" pipe from Dhingudhar Pump Station. Some hotels are also getting direct connection from Dhalli Pump Station. Some Home stays are found getting direct water connections from Dhalli and Chharabra Pump Stations. Direct connection from Chharabra Pump Station also found in one hotel through 6" and 3" pipes. Some hotels are also found having direct water connections from Kufri Pump Station through ½" pipe. Hotel owners are also meeting the requirement of water through tankers. 7 The Ridge Control Room: The team verified 102 water connections of different hotels. The discrepancies found by the team are enumerated as under:- . Some hotels are getting water connections through 2" pipe. No standard for storage capacity of water.

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