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2009 Supreme(SC) 859

MARKANDEY KATJU, H.L.DATTU
M. K. Balakrishnan – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Parag P. Tripathi, ASG, Dr. Manish Singhvi, Manjit Singh, AAG, S.R. Singh, T.S. Doabia, Shyam Divan, Dr. Rajiv Divan, V. Krishna Murthy, Sr. Advs., gopal Sankaranarayanan, Radhakrishna Kumar, Naresh Kumar, S.W. Taqidi (for Anuvrat Sharma), Anil Kr. Jha, Ms. sunita Sharma (for B.V. Balaram Das), Riku Sarma (for Ranjan Mazumdar), (for M/s. Corporate Law Group), Avijit Bhattacharjee, Subrata Biswas, Ms. Rani Mishra (for Ms. Kamini Jaiswal), Ms. Hemantika Wahi, Ms. Pinky Behera, Ms. K. Enatoli Sema, Radha Shyam Jena, Naresh K. Sharma, Mrs. Aruna Mathur, Vimal Dubay (for M/s. Arputham Aruna & Co.), Khwairakpam Nobin Singh, Ritu Raj Biswas, Manish Kumar (for gopal Singh), Vikrant singh Bais (for Ms. Vibha Datta Makhija), Milind Kumar, R.S. Suri, Anjan chkarborthy, Anana Sukumar, Neel Kamal Dev Nath, Ranjan Mukherjee, Ms. Sumita Hazarika, R. Ayyam Perumal, Ritu Raj (for anil Shrivastav), K.N. Madhusoodhanan (for M.K. Michael), R. Nedumaran, V.G. Pragasam, S.J. Aristotle, Prabu Rama Subramanian, P.V. Dinesh, Tabrez Ahmad (for Anis Suhrawardy), Sanjay R. Hedge, Edward Belho, P. Athuimei R. Naga, Vekiulie N. Kera, Ms. A. Subhashini, Manoj Saxena, Rajnish K. Singh, Rahul Shukla, Arun R. Pednekar, Danjay V. Kharde (for Ms. Asha G. Nair), T. Harish Kumar. V. Vasudevan, Harikesh Singh (for Kamal Mohan Gupta), T.A. Khan, Arti Gupta (for D.A. Mahra), Advocates.

ORDER

1. On 26th March, 2009 we had passed a detailed order relating to the problem of water shortage in our country and we had issued notice to the Secretary, Ministry of Science & Technology asking him to file a counter affidavit within four weeks stating what measures have been taken to solve the water problem in the country and for implementing the recommendations given by one of us (Hon’ble Mr. Justice Markandey Katju) in the decision in State of Orissa vs. Government of India & another1 JT 2009(2) SC 233.

2. Despite having immense reservoirs of water in the form of the Himalayas in the North and the Arabian sea, Indian Ocean and the Bay of Bengal in the West, South and East of India, there are water shortages everywhere often leading to riots, road blocks and other disturbances and disputes for getting water. 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, South India, Rajasthan, U.P., Madhya Pradesh, Orissa, Maharashtra, Northeast, etc.. In large parts of rural areas there is shortage of water for irrigation and drinking purpose. Rivers in India are drying up, ground water is being rapidly depleted, and


















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