Access To Potable Water Is Part Of Article 21, State Can't Evade Responsibility: MP High Court Directs Pipeline Connectivity For Gwalior Colony

The Madhya Pradesh High Court has held that the State authorities cannot avoid their obligation to provide basic civic amenities by shifting the burden among themselves, especially in matters concerning access to potable drinking water which is an integral part of the right to life under Article 21 of the Constitution. The court thus directed the MP Jal Nigam to ensure pipeline connectivity for a colony in Gwalior. The bench of Justice Milind Ramesh Phadke allowed a writ petition by Bharat Enterprises, a registered colony, seeking directions for laying water pipelines and providing potable water supply to its residential colony, 'Vaishali Enclave', in Village Sigora in Gwalior. The bench observed; "the State instrumentalities cannot evade their responsibilities by shifting the burden upon one another, particularly when it concerns the provision of basic civic amenities such as potable drinking water. The right to access water is an integral part to right to life, and the citizens residing in the petitioner's colony cannot be deprived of such an essential necessity on account of administrative lapses or inter-departmental ambiguity". The petition was filed alleging inaction by the authorities in completing external development works, particularly laying of water pipelines, as required by the MP Gram Panchayat (Registration of Coloniser Terms and Conditions) Rules, 1999. The petitioner submitted that it had obtained all statutory provisions and completed internal development work for the colony after receiving approval from the Special Area Development Authority (SADA) in 2013. Per the petitioner, despite fulfilling all obligations under the Rules of 1999 and depositing required charges, the authorities failed to provide essential external infrastructure, including a potable water supply. The counsel for the petitioner argued that under Rule 2(k)(v) of the Rules of 1999, respondent no 2, Chief Executive Officer, was under a statutory obligation to provide essential external infrastructure, including laying of water pipeline for the benefit of residents of the colony. The counsel asserted that the CEO was maintaining its own water filtration plant to cater to the notified area, including the locality. However, due to financial constraints, the necessary infrastructure for distribution could not be developed. Therefore, the said water treatment plant was handed over to respondent no 3, MP Jal Nigam, per Government Order of September 14, 2023. The counsel asserted that the transfer of the water plant was accompanied by a clear stipulation that, as and when required, the supply shall be extended to colonies developed under Counter Magnet SADA Gwalior. However, neither respondent no 2 nor respondent no 3 has taken any effective steps to lay the necessary pipelines. The counsel for the CEO, respondent no 2, argued that the said authority is merely a planning and regulatory body aimed at supervision and regulation of development within the notified area. The counsel further asserted that the responsibility for execution, operation and supply of potable drinking water rests with MP Jal Nigam, which functions under the State Government under Jal Jeevan Mission. The court noted that the petitioner had obtained due permission for development of the colony from the CEO, as the land in question fell under its jurisdiction. Such permission was granted in September 2013; however, owing to financial constraints, the external development works could not be completed. The court also noted that the SADA Multi-Village Water Supply Scheme covers the petitioner's colony, also including both Household Supply Villages and Bulk Supply Villages. Further examining the order of September and the agreement between CEO and MP Jal Nigam, the court held that the responsibility for execution and completion of water supply infrastructure vests with respondent no 3, Jal Nigam. The bench further highlighted that the State authorities cannot evade their responsibilities after shifting the burden upon one another, particularly concerning potable drinking water. The bench emphasized that the right to drinking water is an integral part of the right to life, and citizens residing in the petitioner's colony cannot be deprived of such a necessity on account of administrative lapses. Thus, the bench held that Jal Nigam, being the executing agency, is liable to ensure pipeline connectivity within the period of three months from the date of this order. The bench directed; "this Court is of the considered opinion that respondent No.3, being the executing agency presently entrusted with the water supply infrastructure, is liable to ensure that pipeline connectivity is extended to the petitioner's colony. Accordingly, respondent No.3 is directed to undertake the work of laying water pipelines up to the petitioner's colony situated at Village Sigora, District Gwalior, and to ensure supply of potable water to the residents The aforesaid exercise shall be...

Access To Potable Water Is Part Of Article 21, State Can't Evade Responsibility: MP High Court Directs Pipeline Connectivity For Gwalior Colony

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Access To Potable Water Is Part Of Article 21, State Can't Evade Responsibility: MP High Court Directs Pipeline Connectivity For Gwalior Colony

Jayanti Pahwa

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INR 1099+GST

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