Sikkim High Court
WP(PIL)/4/2019 of Dr. Shiva Kumar Sharma Vs State of Sikkim and Ors. on 2 August 2021
Court No.2 High Court of Sikkim Record of proceedings Page | 1 WP(PIL) No.04 of 2019 Dr. Shiva Kumar Sharma Petitioner VERSUS State of Sikkim and Others Respondents Date : 02-08-2021 CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ
Virtual Court No.2
Dr. Shiva Kumar Sharma
WP(PIL) No.04 of 2019
Petitioner
VERSUS
State of Sikkim and Others
Respondents
Date : 02-08-2021
CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
For Petitioner
Ms. Rachana Rai, Advocate.
For Respondents R-1 & R-2
Dr. Doma T. Bhutia, Additional Advocate General.
Mr. S. K. Chettri, Government Advocate.
Ms. Pema Bhutia, Assistant Government Advocate.
R-3
Ms. Sangita Pradhan, Advocate.
R-4 & R-5
Ms. Gita Bista, Advocate (Legal Aid Counsel).
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O R D E R
Rai, J.
The Petitioner herein is before this Court on grounds inter alia that the people of Sumbuk-Kartikey and Lungchok-Kamarey have been facing acute drinking water shortage for the past several years. That, the Respondent No.2 sanctioned the water supply scheme under the Rural Infrastructure Development Fund financed by the National Bank for Agriculture and Rural Development (NABARD) for the said areas. Tenders were issued for the said work and the Respondent No.3 was awarded the contract. Although the people in the area did not receive drinking water from the works put to tender which was to have been completed within 24 months from 16-12-2010, the Panchayat and other concerned authorities submitted the completion report to the Respondent No.2. Consequently, the people in these areas are still deprived of drinking water. Various other complaints were also raised by the Petitioner pertaining to the quality of work carried out by the Respondent No.3 and it was averred that the fundamental rights guaranteed under Article 21 of the Constitution to the Petitioner and the Page | 1
Virtual Court No.2
people of the area was grossly violated by non-execution of the works.
It is submitted by Learned Additional Advocate General appearing for the State-Respondents No.1 and 2 that vide an Affidavit dated 30-07-2021 it has been inter alia mentioned that a Notice Inviting Tender (NIT) was called by the Block Administrative Centre (BAC), Sumbuk, South Sikkim, on 11-06-2021 to compete in the bidding within the territorial jurisdiction of the Gram Panchayat where the work is to be executed, giving details of the work for the purpose of providing drinking water to the areas highlighted by the Petitioner. There was, however, no participation in the bid. Hence, the Department had decided to carry out the required works in the Sumbuk-Kartikey and Lungchok-Kamarey areas. The works will be for augmentation and retrofitting of the rural water supply.
Learned Counsel for the Petitioner submits that she has no objection to the proposal of the State-Respondents No.1 and 2 as the Department will be undertaking the relevant works. That, in the light of this development this Petition may be disposed of.
In view of the grounds put forth and the express satisfaction of the Petitioner, the Writ Petition stands disposed of.
Judge Judge
02-08-2021 02-08-2021
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