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2001 Supreme(AP) 911

Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
P.R.Subas Chandran - Appellant
Versus
Government Of A.P., Health, Family and Environment Dept. - Respondent
Decided On : 08-24-01

Headnote:Constitution of India - Articles 21 and 226 - Contamination of Ground Water - High Fluoride Content Nalgonda District - Right to have clean drinking water, a fundamental right of every citizen - Obligation of State to provide for healthy drinking water - State not only bound to regulate water supply but also help to realize right to healthy water and prevent hazards - Inaction on the part of State condemned - Directions issued.

       Held : Court deems it appropriate to direct -

       (1) Among the villages/habitations of narketpally and Narayanpur mandals of Nalgonda Revenue division, the Government/district collector should identify the villages which have more acute problem of fluorosis and immediately take steps for supplying water with optimum fluoride content through water tankers till the projects/schemes undertaken by the Government are completed; (2) We also direct the Government to consider the feasibility of first concentrating on the Mandals where the problem is more acute. We are giving this direction having regard to the fact that out of four Revenue divisions in the District, in nalgonda Division there are more number of villages where the fluoride content is more; (3) We also direct the Government to provide special medical care to all the people who are afflicted with fluorosis free of cost by involving non-governmental organizations; (4) We direct the Government to consider involving non-governmental organizations like society for Integrated Development in Urban and Rural Areas (SIDUR), sri Satya Sai Institute of Higher learning etc; (5) It is established scientific fact that the ground water in most parts of the District contains excess fluoride than the standards. Therefore, it is appropriate for the Government to educate the people about the use of ground water from the borewells. If necessary steps may be taken to close down the borewells where the problem of fluorosis is endemic; (6) We direct the Government to consider the feasibility of evacuating the people from affected villages to safer places by planning and undertaking a rehabilitation and resettlement progamme; and (7) We direct the Government to consider all the recommendations made by Sri Chaterjee, IAS, member-Secretary of A. P. Pollution control Board, extracted herein above, and appoint a Committee consisting of any two out of three Scientific Experts viz. , dr. K. A. V. R. Krishnamachary, health Advisor, Ashoka Fellow, society for Integrated Development in Urban and Rural Area (SIDUR); dr. A. K. Susheela, Director of fluorosis Research and Community development, New Delhi; and dr. K. Venkateswara Rao, professor, Department of biosciences, Sri Satya Sai Institute of Higher Learning, Prashanti nilayam, Puttaparti, to study the problem of fluorosis immediately, and take necessary action in accordance with the report of the said Committee.

V. V. S. RAO, J.

( 1 ) THE petitioner, resident of Hyderabad, claiming to be a public spirited citizen and having belief in the Fundamental Duties under Article 51-A of the Constitution of india, has filed this writ petition bringing to the notice of the Court a human problem of gigantic proportions, prevailing in Nalgonda district, due to nature s curse in endowing the District with ground water containing high fluoride content. By this writ petition, the petitioner prays for a declaration that the action/inaction of the authorities in permitting the people of Nalgonda to consume water with high fluoride content, and not providing them water containing fluoride within the permissible limits as unconstitutional. He also seeks consequential directions to the Government of Andhra Pradesh in Health, Family and environment Department to provide water- containing fluoride within permissible limits, to the people living in the fluoride- affected villages of Nalgonda District. The pleadings;

( 2 ) IN the affidavit filed in support of the writ petition, the petitioner states that out of 1178 villages in Nalgonda District, people of nearly 691 villages suffer due to consumption of water containing high levels of fluoride. The consumption of such water has made many people partially disabled and crippled beyond redemption. All the residents of the said villages suffer in some measure or the other either biologically, psychologically or sociologically.

( 3 ) THE petitioner further submits that the permissible limit of fluoride content in water, prescribed by World Health organization, (WHO), is 0. 5 to 0. 8 PPM (parts per million ). However, the drinking water in the various villages of Nalgonda district has high fluoride content ranging between 1 and 13 PPM, which is 200% more than the permissible limit prescribed by who. The water with high fluoride content in Nalgonda District, has become a silent killer, and people living in the affected villages have started deserting them for want of safe drinking water.

( 4 ) THE Government, in its governance is to be guided by Articles 39 (b), (e), (f), 41, 43 and 47 of the Constitution of India. The citizens have a fundamental right under article 21 of the Constitution of India to have clean and healthy air and water, but the government has turned a blind eye. The government has made only half-hearted attempts by installing 12 fluoride water treatment plants, and they have since become defunct, and even if they are put to use, they are woefully inadequate to enable proper curing of water, which is supplied to the people. The petitioner therefore, suggests the following solutions to combat problem of fluoride: (1) The Government must be called upon to supply regular water tankers and transport water of healthier sources over to the villages affected by the said water supply and ensure that the said water is consumed by the villagers. (2) Government should also examine the possibility of increasing the release of water from Krishna now under supply to the City of nalgonda and from there either supply water to the villages affected through already existing pipe lines or if need be, to lay pipelines for supply of the said water to the villages. (3) On a long term basis to ensure supply of Krishna water through a protected water supply scheme to all the villages affected.

( 5 ) ON behalf of the respondents, the chief Engineer, Rural Water Supply (RWS) has filed a counter-affidavit. He has questioned the locus standi of the petitioner to file the writ petition. He contends that the problem of fluorosis is not a new one and that the Government have for the last two decades attempted various measures to combat the problem. The counter-affidavit enumerates the following measures taken by the State Government in combating the problem of fluorosis in the district of nalgonda :- (a) Since 1979 under the netherlands Assistance Project (AP-1) was taken up at a cost of Rs. 44. 59 lakhs for providing fluoride fr































































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