Noting that the Brihanmumbai Municipal Corporation should have a “humane approach”, the Bombay High Court on Wednesday directed the civic body to provide 10 tankers of potable water to residents of Gorai in western suburbs of Mumbai which has been facing acute water shortage.
The court noted that constitutional and statutory duty has been cast on municipalities to provide water to citizens and it cannot shirk its duty. The HC was hearing a public interest litigation petition filed by Gorai Villagers Welfare Association highlighting the problem of acute shortage of drinking water which is not limited to only summer months. It sought direction to the BMc to provide the Gorai residents with potable water.
BMC counsel Anil Singh informed the court that the corporation is making all possible endeavours to make drinking water available to residents. He said that the water problem has arisen due to work undertaken to construct suction pump and tank. He assured the court that the construction will be completed by the end of the year following which the water problem would be reduced. When Singh said it would take nine months for the construction, the bench asked the BMC counsel to try to complete it expeditiously.
“Mr Singh have a humane approach… Use your resources to the optimum. Please don’t deprive them of water. They can’t stay without water for nine months,” a bench of Chief Justice DK Upadhyaya and Justice Arif Doctor. The bench noted that from 1993, municipalities have assumed a constitutional status. The Constitution of India not only vests certain power on municipalities but also casts certain responsibilities.
“Accordingly it is the duty of the municipalities, as mandated by Constitution, that all municipalities shall provide water supply for domestic and industrial purpose,” the bench said. The court emphasised that at this point it is not concerned with the industrial or commercial purpose but is concerned with potable water for citizens. “It must be given the highest priority,” the bench emphasised.
“A distinct responsibility, constitutionally as well as statutorily, has been cast upon municipalities that citizens are granted excess and sufficient potable water to be used for domestic purpose. No municipal body can shirk off the duty cast upon it,” the bench underlined. The BMC was initially providing four water tankers. The court said that it is not sufficient for domestic purposes for a population of 2000 families.
The court hence directed BMC to provide 10 water tankers with a capacity of 10,000 litres each. “The said water supply shall be ensured that it is uninterrupted and quality of water shall also be ensured and only properly treated water shall be supplied. We also hope and expect that construction of the suction pump and water tank shall also be expedited,” the bench added. The Hc has asked BMC to file its affidavit and kept the matter for hearing after six weeks.
