'Mockery Of Justice': Rajasthan High Court Slams State For Failure To Supply Drinking Water To Approved Colonies In Jodhpur After 18 Yrs

Issuing heavy rebuke on the state instrumentalities including the Jodhpur Development Authority and Public Health & Engineering Department, the Rajasthan High Court has termed their prolonged failure to supply drinking water to approved housing colonies despite the passage of 18 years as a 'mockery of justice'.

The Division Bench comprising Dr Justice Pushpendra Singh Bhati and Justice Madan Gopal Vyas has also asked the Principal Secretary (Local Self Government Department), Secretary (Public Health and Engineering Department), Secretary (Jodhpur Development Authority, and Executive Engineer (Public Health and Engineering Department) to be present before the court on 03.04.2024 to explain why they shouldn't be punished for contempt of court.

“…ordinarily, this Court would not contemplate action against the respondents in the manner above, but the Court is left with no other option because despite repeated orders one after another and repeated directions, the respondents have failed to carry the drinking water to the citizens who are living as residents of the JDA approved colonies in question…”, the bench sitting at Jodhpur explained why initiation of contempt proceedings is warranted in the light of deprivation of access to drinking water as enshrined in Article 21.

It is stated that the JDA-approved colonies are facing 'extreme miseries' due to non-supply of drinking water. The residents themselves were under the impression that they were going to enter a colony duly approved by JDA and hence they would not be subjected to such hardships, the court pointed out.

“….this Court is peeved by the mockery of justice at the hands of the respondents for failing in their duty to provide drinking water to the residents of approved colonies in the second largest town of the State of Rajasthan. It is a matter of shame for the respondents who claim to have an exhaustive infrastructure for the town but have failed to provide even the basic facility to the common citizens…”

The court added that all the aforesaid authorities had failed to present a plausible scheme with a time-bound solution, in adherence with the court's order dated 14.12.2023, for dealing with the drinking water crisis in colonies.

The court added that the minutes of the meeting between stakeholders given in the affidavit filed by the state is 'nothing but a sham in the eye of law'. The court felt that the authorities had been cheating the common man for almost 18 years by dilly-dallying with the issue of drinking water even after the lapse of 18 years.

While making harsh comments about the lukewarm approach of the state authorities in taking the opportunities afforded by the court lightly, the bench sitting at Jodhpur also referred to the case law in A.P. Pollution Control Board II v. Prof.M. V. Nayudu (Retd.) & Ors., (2001). In A.P Pollution Board, the apex court held that all people, regardless of their stature, should have the 'right to have access to drinking water in quantum and of a quality equal to their basic needs'.

Background

The PILs were filed by residents of Ansal Sushant City and Sushant Lok Colony aggrieved by the non-supply of drinking water by the Public Health Engineering Department (PHED).

The court observed that the respondent JDA and other state functionaries had repeatedly sought time for conducting meetings and framing a comprehensive scheme applicable to other colonies as well since 2021 but to no avail. Before the court, PHED officials had even proposed the construction of an overhead reservoir to solve the issue. Later, JDA placed the blame on PHED for non-cooperation as a result of which the court directed the two entities to file a joint statement.

On 07.08.2023, the court had asked PHED and JDA respectively to ascertain the availability of drinking water and to account for the amount of money received from Developers.

On 14.12.2023, the court instructed PHED, JDA, developers, and representatives of approved colonies to conduct a meeting within one month to work out the issues.

As per the court, this meeting could have ensured a solution for the installation of a water supply system for these colonies; the proposal thus submitted would have allowed the court to give appropriate directions in the matter.

For Petitioners: Mr. Deen Dayal Chitlangi, Mr. Sushil Bishnoi, Mr. Awardan Ujjwal, Mr. Devendra Singh

For Respondents: Dr. Praveen Khandelwal, AAG Mr. Rajat Dave, JDA Mr. Kuldeep Kumar Shah

Case Title: All Residents of Ansal Sushant City v. The State of Rajasthan & Ors. and Sushant Lok Residents Welfare Society v. State of Rajasthan & Ors.

Case No: D.B. Civil Writ Petition (PIL) No. 12774/2021 & D.B. Civil Writ Petition (PIL) No. 13083/2021

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