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2024 Supreme(Raj) 251

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, MADAN GOPAL VYAS, JJ.
All Residents of Ansal Sushant City, Jodhpur – Petitioner
Versus
The State of Rajasthan – Respondent
D.B. Civil Writ Petition (PIL) Nos. 12774, 13083 of 2021
Decided On : 04-03-2024

Advocates:
Advocate Appeared:
For the Petitioners: Deen Dayal Chitlangi, Sushil Bishnoi, Awardan Ujjwal, Devendra Singh.
For the Respondents: Praveen Khandelwal, Rajat Dave, Kuldeep Kumar Shah.

Headnote:

Drinking Water Facility - Public Interest Litigation - [Article 21 of the Constitution of India, A.P. Pollution Control Board II vs. Prof. M.V. Nayudu (Retd.) and Others, (2001) 2 SCC 62, Narmada Bachao Andolan vs. Union of India, (2000) 10 SCC 664] - The court addressed the issue of non-supply of drinking water to the residents of approved colonies, emphasizing the fundamental right to access clean drinking water under Article 21 of the Constitution of India. The court initiated contempt proceedings against the responsible officers for failing to provide a solution despite repeated orders and directions.

Fact of the Case:

The residents of approved colonies filed PILs seeking drinking water facility. Despite repeated orders and directions, the State authorities failed to provide a solution, leading the court to initiate contempt proceedings.

Finding of the Court:

The court found that the State authorities had failed in their duty to provide drinking water to the residents of approved colonies, violating their fundamental right to access clean drinking water under Article 21 of the Constitution of India.

Issues: Non-supply of drinking water to residents of approved colonies, failure of State authorities to provide a solution despite repeated orders and directions.

Ratio Decidendi: The fundamental right to access clean drinking water under Article 21 of the Constitution of India imposes a duty on the State to provide such facilities to its citizens. The failure of the State authorities to address the issue amounted to contempt of court.

Final Decision: The court initiated contempt proceedings against the responsible officers and directed them to appear before the court to explain why they should not be punished for committing contempt of court. The matters were listed for further proceedings.

ORDER :

1. The instant petitions as Public Interest Litigation (PIL) have been preferred claiming the following reliefs:

“Civil Writ Petition No. 12774/2021:

10. Relief prayed for:

It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed with costs and:

(A) By an appropriate writ, order or direction, the respondents may kindly be directed to make arrangement for supply of drinking water in the Ansal Sushant City colony.

(B) Any other appropriate order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners and in public at large.

11. Interim order, if prayed for:

(I) On the facts and grounds mentioned in the annexed PIL and the affidavits, it is most humbly and respectfully prayed that during the pendency of the writ petition, the respondents may kindly be directed to make arrangements for drinking water by way of connecting the colony through the pipeline going alongside the colony in adjacent village Bhakrasani.

(II) Or alternatively, the respondents may kindly be directed to provide drinking water to the residents through water tankers.

(III) Any other interim relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioners.

Civil Writ Petition No. 13083/2021:

Prayer:

10/A - By an appropriate writ, order or direction, the respondent’s authorities may kindly be directed to give the water connection and connect with the water tank constructed for the water supply of residents of Sushant Lok Colony and takeover the responsibility to maintain the water tanks and establishment of water supply to ensure for providing water facility to the residents of colony.

10/B - By an appropriate writ, order or direction, the respondent authorities may kindly be directed to construct or repair the roads of the society for the smooth access of residents to their house.

10/C - By an appropriate writ, order or direction, the respondent authorities may kindly be directed to connect the sewerage line of colony with the main sewerage line of city of Jodhpur for the disposal of waste of colony and carry out the regular maintenance of sewerage treatment plant for the disposal of waste of colony.

10/D - By an appropriate writ, order or direction, the respondent authorities may kindly be directed to proper maintain the electricity supply and repair the street lights and operate the same and carry out the maintenance for in future.

10/E - By an appropriate writ, order or direction, the respondent authorities may kindly be directed to takeover the charge for carry out the necessary development and maintenance of established facilities like water supply, roads, sewerage line, electricity supply, street lights, garden etc.

10/F - That the costs may kindly be awarded in interest of public at large.

Interim relief:

11/A - On the grounds mentioned in the memo of writ petition, the respondent may kindly be directed to provide the basic amenities of adequate water supply to the residents of colony as per their basic need.”

2. A simple but an elementary issue raised in the PIL is pertaining to drinking water facility for the colonies, whose residents have preferred these PILs. The colonies in question have been duly approved by the respondent-Jodhpur Development Authority, Jodhpur (for short, ‘JDA’) (the then UIT in the year 2006).

3. The problem in words is summarized as above in two lines but the solution seems to be awaited from the State and its organs, despite repeated orders of this Hon’ble Court and long pendency of the PILs so much so that while the duly and lawfully approved colonies are operating since 2006, the residents were forced to come to this Court by way of these PILs for a problem as simple as that of the drinking water.

4. This Court had issued notice in the writ petitions way back on 21.09.2021, which were duly served. Thereafter, on 28.10

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