Barin Ghosh, C.J.@mdashThere is an application on behalf of the Chief Engineer, Kumaun, Uttarakhand Pay Jal Nigam, Nainital for exempting him from appearing in Court today, inasmuch as, he is on leave. The application is allowed.
2. The letter dated 31st July, 2008, of Km. Suman Sanwal is the basis of the present Public Interest Litigation. In the letter, she made complain with regard to the road connecting Hotel Mannu Maharani and the residence of Inspector General of Police leading to Raj Bhawan. The reason for the complain, highlighted in the said letter, has since been addressed to. While, however, considering the matter, it came to the notice of this Court that there are many other aspects concerning the city, which are to be looked at by the authorities, who are duty bound to look at the same and, accordingly, from time to time orders were passed and those have been complied with, as appears from the reports submitted from time to time including the one submitted today. The application for extension of time to comply with the said orders also suggests that those directions are being complied with. On the last occasion, it was noticed that rainwater, which merges with the lake water, in course of its movement, collects a part of the sewerage. Appropriate directions were issued by the Court to stop the same. The Court directed that rainwater ''Nalas'' should be totally separated from the sewerage system of the city. To that effect, steps have been taken and from the compliance report it appears that 90 percent of the work has been done and the remaining are in progress. It has come on record that no garbage is being dumped on any part of the lake, by any authority of the State or by Nagar Palika. It has also come on record that garbage which are thrown into lake by ordinary people are being collected by people engaged by Nagar Palika. The learned Counsel for Nagar Palika submitted that 40 workers have been engaged for that purpose specially for the rainy season, inasmuch as, during rainy season the ''Nalas'' carrying rainwater collects garbage by overflowing. The learned Counsel submitted that in order to ensure that such garbage is removed, immediate steps, as above, have been taken. In the affidavit filed on behalf of the Public Works Department it has been stated that there are 40 ''Nalas'', which collect rainwater to the lake. It has been stated that, those during Monsoon Season, by overflowing or otherwise, collect debris and those are been cleaned and for that purpose special appointments have been made. It has been contended that most of those ''Nalas'' have now been cleaned and for the remaining cleaning process is going on.
3. Taking into account what has been stated above, and that the said letter has generated the desired interest for the authorities in discharging their duties owing to the people, we think the present Public Interest Litigation has served its purpose and it is no longer necessary to keep the matter pending and we, accordingly, close the matter.
