2025 Supreme(Kar) 778
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.V. ANJARIA, CJ, K.V. ARAVIND, J.
Ramesh Naik L. S/o Late Lakshman Naik R. - Appellant
Versus
State of Karnataka - Respondent
Writ Petition No. 9911 of 2024
Decided On : 28-05-2025
Advocate Appeared:
For the Appellant : Ramesh Naik L. [Party-In-Person]
For the Respondent: Niloufer Akbar
Access to clean drinking water is a fundamental right under Article 21 of the Constitution of India, and the State's failure to maintain water supply infrastructure violates this right.
Headnote:(A) Constitution of India - Article 21 - Fundamental right to safe and clean drinking water - Writ petition filed as public interest litigation for addressing contamination of drinking water in Tumakuru District - Petitioner asserts State's failure to maintain water quality and supply due to negligence. (Paras 6, 12, 17, 22)
(B) Right to Life - The right to life includes access to clean water; failure to ensure this constitutes a dereliction of constitutional duties. (Paras 12, 20)
(C) Compliance and Maintenance - Directions issued for regular maintenance of water facilities, including treatment plants, tanks, and pipelines to ensure safe drinking water for all residents. (Paras 22.1-22.7)
Facts of the case:
The writ petition seeks directions for ensuring timely maintenance of drinking water sources due to contamination issues affecting various districts, with the petitioner representing public interest and having a background in law and agriculture. (Paras 3-4)
Findings of Court:
The State must fulfill its constitutional obligation to provide safe drinking water, with detailed records of maintenance required for compliance. (Paras 20-24)
Issues: The Court addressed the need for better maintenance of water supply infrastructure and ensuring the right to safe drinking water as a constitutional matter.
Ratio Decidendi: The right to life encompasses the right to basic amenities, including clean drinking water, and the State's failure to maintain water supply infrastructure impinges upon this right.
Result: Writ petition disposed of with directions for State compliance.
| Table of Content |
|---|
| 1. petitioner seeks action for drinking water contamination. (Para 1) |
| 2. public interest in safe drinking water (Para 2 , 3 , 4) |
| 3. state's obligation to ensure water quality (Para 5 , 6 , 15) |
| 4. state's explanation of water supply and treatment. (Para 7 , 8 , 9 , 10) |
| 5. judicial recognition of water as a fundamental right (Para 11 , 13) |
| 6. right to life includes access to clean water (Para 12 , 17 , 18 , 19 , 20) |
| 7. state's response to contamination claims. (Para 14) |
| 8. court's duty to protect constitutional rights. (Para 16) |
| 9. importance of maintaining water supply infrastructure. (Para 21) |
| 10. state's directive for maintenance and compliance (Para 22 , 23 , 24 , 25) |
JUDGMENT :
K.V. ARAVIND, J.
1. Heard Sri. L. Ramesh Naik - petitioner/party-in-person and learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 6.
2. The present writ petition has been filed styling it as a public interest litigation, seeking a direction to the respondents to take appropriate and necessary action in respect of the contamination of drinking water in Tumakuru District, Karnataka. A further prayer has been made for issuance of a direction to the respondents to undertake a review of the drinking water sources and to ensure timely maintenance of pipelines and water storage facilities.
3. As stated, the petitioner is a public-spirited individual and an Advocate by profession. It is submitted that the petitioner was previously employed as a Software Engineer and is also engaged in agricultural activities. He is a resident of Tumakuru District. However, he asserts that he has no personal interest, individual gain, or private motive in filing the present public interest litigation. The petition is stated to have been filed in the interest of the public, for the welfare and benefit of the residents of various districts in the State of Karnataka who are allegedly affected by the contamination of drinking water.
4. It is stated that there is neither proper maintenance nor adequate supply of drinking water and related facilities. The residents of various districts are facing acute hardship due to the lack of access to safe drinking water. It is alleged that the drinking water being supplied contains excessive levels of fluoride and is otherwise contaminated. Such contamination is stated to have adversely affected the health of the local population. Despite representations made to the concerned authorities, no effective response or remedial action has been forthcoming. The petitioner, having no other efficacious remedy due to the inaction of the respondent authorities, has approached this Court by way of the present writ petition.
5. Learned party-in-person, Mr. Ramesh L. Naik, submits that several districts in the State are suffering due to the inadequate and unsafe supply of drinking water. It is submitted that the water being supplied by the respondent authorities is not suitable for human consumption, as it is neither properly treated nor free from contamination. The contamination, it is contended, is primarily due to improper treatment and either non-maintenance or poor maintenance of the water supply infrastructure, including pipelines and water storage facilities.
6. Learned party-in-person submits that every individual has a fundamental and statutory right to safe and clean drinking water. It is contended that the failure of the State to ensure the supply of quality drinking water amounts to a violation of the fundamental right to life guaranteed under Article 21 of the Constitution of India. The respondent-State, by its inaction, has failed to discharge its constitutional obligations. In light of the above submissions, the learned petitioner prays for issuance of appropriate directions to the respondent authorities.
7. Learned Additional Government Advocate, Ms. Niloufer Akbar, referring to the statement of objections, submits that Tumakuru District comprises ten taluks. It is submitted that the District faces water scarci