Municipality Can't Shirk Constitutional Duty To Provide Water: Bombay High Court Directs 1 Lakh Litres Daily Supply To Gorai Villagers

The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) to employ 10 tankers of 10,000 litres on a daily basis to ensure the continuous supply of 1,00,000 litres of potable water to residents of Gorai village, consisting of around 2000 families.

A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor was hearing a PIL shedding light on the acute shortage of drinking water faced by residents of Gorai village, Borivali (West). At least 2005 families in the area are deprived of access to clean drinking water, the court noted.

“Thus, a distinct duty constitutionally as well as statutory has been cast on the Municipal Corporation to ensure that the residents within its limits are provided with adequate and proper access to potable water to be used for domestic purposes. No municipality in view of the aforesaid provisions can shirk off its shoulders, the certain responsibility and duty cast on it”, the court observed.

During the proceedings, Senior Advocate Anil Singh for BMC submitted that BMC is making all endeavours to provide drinking water to the residents, however, at present, due to the construction of a suction pump and underground tank, some difficulty has arisen. He stated that the construction has already started and will be completed by the end of this year. He added that 4 tankers had been employed to provide potable water to the concerned residents.

However, the court opined that 4 tankers are not sufficient for the concerned population, and asked the Municipal Corporation to expedite the construction of the suction pump and underground tank.

Until then, the court ordered the BMC to ensure uninterrupted water supply to the area and directed the BMC to employ 10 tankers a day instead of four, each with a capacity of 10,000 litres. The quality of water supplied must also be ensured, with only treated water meeting the standards for supply, the court said.

“By employing 10 tankers a day, each having the capacity of 10,000 litres, the water supply shall be ensured that it is uninterrupted and quality of water to be supplied shall also be ensured and only properly and appropriately treated water shall be supplied”, said the court.

The court emphasized the constitutional and statutory obligations of municipalities to provide water for domestic, industrial and commercial purposes as provided in Article 243W read with the 12^th Schedule of the Constitution. It underscored the duty of the Municipal Corporation, as per Section 61(b) of the Mumbai Municipal Corporation Act, to construct and maintain infrastructure for water supply.

The court directed BMC, to file its reply to the PIL within six weeks.

The PIL filed by the Gorai Villagers Welfare Association highlights the continuous struggle faced by the residents, especially during the summer months when the problem is exacerbated due to rising temperatures.

According to the petition, Gorai, with over 5000 families comprising fisherfolk, small-scale farmers, and Adivasis, faces a water crisis. While some areas have metered water connections, several Adivasi settlements lack such amenities, leaving them entirely without water, the PIL states.

The petition states that over 2000 families with piped water connections do not receive water despite timely bill payments. This forces them to resort to using polluted water from public wells or purchasing water from private tankers at exorbitant rates, as per the petition.

The PIL points out the low pressure in the pipeline supplying water to Gorai and Manori villages. Residents of Gorai receive water for only one hour daily in the evening, and due to this low pressure, they are unable to access water at their homes or even at the common re-filling tank in Culvem village, it states. Old public wells provide contaminated water, posing severe health risks to the residents, the petition states.

In February 2023, the HC permitted the BMC commissioner to construct a suction pump to increase pipeline pressure in Gorai. However, as of now, no progress has been made on the site, as per the petition.

The petitioner has prayed directions to BMC to take steps to immediately restore and maintain continuous the flow of water in all piped connections at Gorai, Borivali Mumbai, and to supply water to all residents without formal connection under the Water for All Policy.

It also seeks direction on the BMC commissioner to submit a detailed status report on the suction pump project and to take immediate steps to restore continuous water flow in piped connections.

Case no. – PIL(L)/15255/2024 [Original]

Case Title – Gorai Villagers Welfare Association v. Hydraulic Engineer, Municipal Commission of Greater Mumbai