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2009(2) Supreme 707
SUPREME COURT OF INDIA
Marakandey Katju and B. Sudershan Reddy, JJ.
M.K. Balakrishnan & Others — Petitioners
versus
Union of India & Others — Respondents
Writ Petition (Civil) No. 230 of 2001
Decided on : 26-03-2009
Facts of the Case :
Writ Petition was filed by petitioners herein in the instant case relating to conservation of wet lands including ponds,tanks, canals, creeks, water channels, reservoirs, rivers, streams and lakes Grievance of petitioners that there was acute shortage of water in the country and one of the main reasons for that was that most of water conservation bodies in the country such as ponds, tanks, small lakes etc. had been filled up in recent times by some greedy persons and such persons had constructed buildings, shops etc. on the same.
Findings of the Court :
Recommendations were made by Apex Court in case of State of Orissa vs. Government of India & Another, to immediately constitute a body of eminent scientists in the field who should be requested to do scientific research in this area on a war footing to find out scientific ways and means of solving the water shortage problem in the country. It was also recommended that said body shall be given all the financial, technical and administrative help by the Central and State Governments for this purpose.. The present known methods e.g. distillation or reverse osmosis being very expensive directions given to find out cheaper methods which was possible only by scientific research on a war footing. Direction was given to said body of scientists to find out an inexpensive method or methods of converting saline water into fresh water, to find out an inexpensive and practical method of utilizing the water, which was in the form of ice, in the Himalayas and to find out a viable method of utilizing rain water Notice issued to the Secretary, Ministry of Science and Technology, Union of India to file its counter affidavit within four weeks stating what measures were being taken to solve the water shortage problem in the country and for implementing the recommendation in the aforesaid decision in State of Orissa vs. Government of India & Another.
Result : Order accordingly.
ORDER
1. Heard learned counsel for the parties.
2. Pursuant to this Court’s order dated 26th February, 2009, the Chief Secretaries, State of Haryana and Uttar Pradesh are personally present in the Court. Their personal presence is dispensed with unless directed in future.
3. The present Writ Petition under Article 32 of the Constitituion of India relates to conservation of wet lands which in our opinion would include ponds, tanks, canals, creeks, water channels, reservoirs, rivers, streams and lakes. Although, the writ petition as framed related to protection of wetlands in the country for preservation of the environment and maintaining the ecology, we have suo motu expanded its scope as mentioned below.
4. There is acute shortage of water in our country and one of the main reasons for that is that most of the water conservation bodies in our country such as ponds, tanks, small lakes etc. have been filled up in recent times by some greedy persons and such persons have constructed buildings, shops etc. on the same.
5. Our ancestors were wise people who realised that because of droughts or some other reasons there may be shortage of water in future and hence they made the provision of a pond near every village, tanks in or near temples, etc.. The whole idea behind this was that whenever there is a shortage of water due to drought etc., people may not suffer and they may use the water available in ponds, tanks etc. Unfortunately, people have forgotten the wisdom of our ancestors and that is why some greedy people for their personal interest and to make money have filled up most of these ponds, tanks etc. and have constructed buildings thereon with the result that in most parts of India, there is a terrible water shortage and people are suffering terribly, particularly, in the summer season both in rural and urban areas. When water is not available, people come to the streets and there are chakka jams (road blocks), riots etc. to awaken the government authorities to take some measures to make available the necessity of life to the general public called water.
6. In many cities, in many colonies, people get water for half an hour in a day and sometimes not even that e.g. in Delhi, Tamil Nadu, Rajasthan, U.P., Northeast etc. In large parts of rural areas there is a shortage of water for irrigation and drinking purpose. Rivers in India are drying up, ground water is being rapidly depleted and canals are polluted. The Yamuna in Delhi looks like a black drain. Several perennial rivers like the Ganga and Bahamputra are rapidly becoming seasonal. Rivers are dying or declining, and acquifers are getting over-pumped. Industries, hotels, etc. are pumping out groundwater at an alarming rate, causing sharp decline in the groundwater levels. Farmers are having a hard time finding ground water for their crops e.g. in Punjab. In many places there are serpentine queues of exhausted housewives waiting for hours to fill their buckets of water. In this connection, John Briscoe has authored a detailed World Bank report, in which he has mentioned that despite this alarming situation there is widespread complacency on the part of the authorities in India.
7. This Court in State of Orissa vs. Government of India & Another,1 JT 2009 (2) SC 233, in which one of us [Hon’ble Mr. Justice Markandey Katju] was a member, while agreeing fully with the reasoning and directions of the other Hon’ble Judge on the Bench Hon’ble Altamas Kabir, J., has recommended to the Central Government to immediately constitute a body of eminent scientists in the field who should be requested to do scientific research in this area on a war footing to find out scientific ways and means of solving the water shortage problem in the country. It was also recommended that the said body shall be given all the financial, technical and administrative help by the Central and State Governments for this purpose. The help and advice of foreign scientific experts and/or Indian scientists settle
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