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2022 Supreme(Kar) 1388
IN THE HIGH COURT OF KARNATAKA
Alok Aradhe, S. Vishwajith Shetty, JJ.
B. Muniraju & Ors. - Appellants
Versus
State of Karnataka & Ors. - Respondents
W.P. No. 32278 of 2009 (GM-RES)
Decided On : 10-08-2022
Mr. Preetham Jude Correa, AS Amicus Curiae, Mr. G. Gangi Reddy, Adv, for the Petitioners; Mr. L.M. Chidanandayya, Adv, for the Respondents No. 8; Mr. V.B. Siddaramaiah, Adv, for the Respondents No. 6; Mr. M. Narayana Reddy, Adv, for the Respondents No. 4 & 5; Mrs. Vani. H, AGA, for the Respondents No. 1 to 3; Mr. H.C. Shivaramu, Adv, for the Respondents No. 7
The fundamental right to access clean drinking water and the government's obligation to provide it.
Headnote:
Right to Drinking Water - Public Interest Litigation - The court upheld the State Government's approval of a project for supplying drinking water to villages, emphasizing the fundamental right to access clean drinking water and the government's obligation to provide it. The court found that the project was undertaken without adversely affecting the rights of farmers and was based on a scheme formulated by the Government of India.
Fact of the Case:
The petitioners challenged the State Government's approval of a project for supplying drinking water to villages, claiming that it would violate the rights of farmers and infringe on the villagers' rights under Article 21 of the Constitution of India.
Finding of the Court:
The court found that the project was undertaken to provide pure drinking water to the villagers based on the government's obligation to provide clean drinking water to its citizens. It concluded that the project did not adversely affect the rights of the farmers and was not against public interest.
Issues: The issues involved the challenge to the State Government's approval of the project for supplying drinking water to villages, alleging violation of farmers' rights and infringement of villagers' rights under Article 21 of the Constitution of India.
Ratio Decidendi: The court emphasized the fundamental right to access clean drinking water and the government's obligation to provide it, citing relevant legal provisions and guidelines. It found that the project was based on a scheme formulated by the Government of India and was undertaken without adversely affecting the rights of farmers.
Final Decision: The court dismissed the petition, upholding the State Government's approval of the project for supplying drinking water to villages.
JUDGMENT
1. The petitioners who claim to be residents of Kondahalli, Budikote, Hukkunda and Marandahalli villages of Budikote Hobli, Bangarpet Taluk, Kolar District have filed this petition as public interest litigation in which challenge has been made to order dated 27.08.2008 passed by the State Government by which it has approved 20 projects including the project proposed by Karnataka Urban Water Supply and Drainage Board (hereinafter referred to as the 'Board' for short) for supply of drinking water from Markendeya Tank to villages of Malur Taluk.
2. The petitioners claim that farmers of Budikote Hobli have a right to utilize the water from Markendeya Tank and therefore, the water from the tank cannot be utilized in a manner which infringes the vested / accrued rights of the farmers of Budikote Hobli. It is averred in the petition that the project if implemented would violate the right of the villagers under Article 21 of the Constitution of India and the same has been undertaken without any feasibility/ study report. The petitioners have termed the project which has been undertaken for supply of drinking water for the public in general as arbitrary and has stated that the same suffers from the vice of non-application of mind. Hence this petition
3. We have heard learned counsel for the parties at length and have perused the records.
4. It is trite law that right to access to drinking water is fundamental to life and the State is under a Constitution obligation to provide clean drinking water to its citizens, see A.P. Pollution Control Board Ii v. Prof. M.V. Nayudu - (2001) 2 SCC 62. Similar view has been taken by the Hon'ble Supreme Court in Narmada Bachao Andolan v. Union Of India (2000) 10 SCC 664.
5. The Government of India in order to augment the water development scheme and to provide for portable drinking water to rural population has framed guidelines namely 'Rajiv Gandhi National Drinking Water Mission'. It has been stated in the statement of objections that Kolar District is a water starve district. The farmers for cultivation of their lands and also to avail of water for drinking purposes had dug large number of borewells. The Department of Mines and Geology conducted a survey and in the report dated 20.05.2007, it was found out that level of iron, fluorides and nitrates is high in the borewell water and is therefore, unfit for human consumption.
6. In view of demands made by the villagers and with a view to provide pure drinking water to the villagers, a scheme was prepared for providing drinking water to the villagers of 184 villages from Markendeya Tank which is built on Dakshinapinakini River.
7. The Government of Karnataka sought a report from the Chief Engineer, Water Resources Department, to ascertain whether there is any surplus water available in Markendeya tank to provide drinking water to the villagers of 184 villages. The Chief Engineer thereupon submitted a report on 02.07.2008 to the State Government stating that total available water is 553.61 MC ft. and the water which is utilized by the farmers is only 448.69 MC ft. In the report, it was stated that surplus water of 100.10 MC ft. of water can be utilized for drinking purposes.
8. The State Government constituted a State Level Empowered Committee. The said Committee in its meeting held on 01.10.2007 and 08.12.2007 approved 66 water supply schemes for providing pure drinking water to the villagers. The proposal for supply of pure drinking water in 184 villages of Malur Taluk was also discussed. Thereafter, the proposal for supply of drinking water to the villagers of 184 villages from Markendeya Tank was approved on 27.08.2008. The work of the project was entrusted to the engineering department of Zilla Panchayat, Kolar. The Executive Engineer of Zilla Panchayat issued a notification on 10.07.2008 by which tenders were invited.
9. Thereafter, by an order dated 25.10.2008, the contract for a total sum of Rs.40,10,00,000/- (Rupees Forty Crores Ten Lakhs only
