1997 Supreme(Online)(J&K) 8
JAMMU AND KASHMIR HIGH COURT
X, J
Molvi Masood Ahmad and Another v. State of J. and K. and Others
Writ Petition No. XYZ/1995
For the Appellants/Petitioners: Molvi Masood Ahmad, Mst. Haleema Parveen
For the Respondents: Mr. S. T. Hussain
Governments are constitutionally obligated to provide basic amenities, regardless of financial constraints.
Headnote:The petitioners seek a writ of mandamus to compel the respondents for the provision of basic amenities including drainage, electricity, and potable water. The Court noted the respondents' obligation to ensure a dignified and meaningful existence for the inhabitants under Article 21 of the Constitution. Financial constraints were deemed insufficient to absolve governmental duty. The Court affirmed their entitlement to these necessary amenities and ordered compliance within six months, directing budgetary priorities to respect fundamental rights. 'Petition allowed.'
| Table of Content |
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| 1. need for basic amenities is paramount. (Para 1 , 3) |
| 2. court directives required for compliance. (Para 2 , 7) |
| 3. right to life includes access to essential services. (Para 4 , 5 , 6) |
| 4. financial constraints cannot validate denial of rights. (Para 8 , 9) |
| 5. judicial orders ensure government accountability. (Para 10) |
1. The residents of Nund - reshi Colony, Bemina, Srinagar (through their representatives namely, Molvi Masood Ahmad and Mst. Haleema Parveen) have prayed for the issuance of writ of mandamus commanding the respondents to provide them the facilities of drainage and roads as well as uninterrupted supply of electricity and potable drinking water. Their case is that at the time of laying out the said colony, respondent No. 1 had undertaken the liability to make available all the above said amenities but till date this promise has not been fulfilled. On the contrary, the colony has been allowed to become a breeding ground for mosquitoes and other bacteria borne diseases. Various representations were made from time to time to the concerned authorities but they bore no ameliorative effect. The petitioners have contended that they have a fundamental right to live a meaningful life and they should be treated at par with the inhabitants of other colonies such as of "Krishna Nagar Colony, Jammu" who are not denizens, like the petitioners in their dwellings.
2. In terms of the court order dated 24-7-1995, the Executive Engineer, UEED Srinagar was directed to make spot inspection and explore the possibility of laying out a plan to drain out the pooled water. The prepared scheme turned out to be truncated and on 21-9-1995, the Chief Engineer, UEED, Srinagar (respondent No. 6) along with Administrator Municipal Committee, Srinagar were directed to appear in person in the court and give their assessment of the situation. The Executive Engineer, UEED, Srinagar was again directed to show compliance to the court directions. Simultaneously, the Administrator Srinagar Municipality was authorised to convene a meeting of the concerned Heads of Departments including the Chief Engineer, UEED and the Vice - Chairman of the Srinagar Municipality to devise an action plan and redress the grievances in question immediately. The compliance report was to be submitted in the court within three weeks. Accordingly, the Administrator Srinagar Municipality (Mr. G. N. Kanth) had the meeting with the following officers :
1. Chief Engineer, UEED Department;
2. Chief Engineer, Electricity;
3. Mr. M. A. Nazim, Executive Engineer, Master Plan, Water Supply Division, Srinagar;
4. Mr. Basharat Ahmad, SDA representing Vice - Chairman Srinagar Development Authority.
3. The report of the said committee states that "the Nund - reshi Colony" is under the control and management of Srinagar Development Authority and all the infrastructures have to be provided by it. The Srinagar Development Authority vide its No. SDA / Ve / 4998-99 dated 19-3-1992 had already requested the Housing and Urban Development Department to provide rupees 129 lakhs for laying out the drainage in the said colony and this cost has now escalated to rupees two crores. This is not the singular case which requires such treatment but the city of Srinagar is agog to consume clossal amounts running into hundred of crores of rupees to ameliorate the nauseating sanitary conditions of other similar colonies. A special treatment in favour of the petitioners ,will be a lopsided and loquacious affair. Respondent Administrator Municipality personally, also appeared in the Court stated that paucity of funds is the stumbling block for providing all the requisite amenities.
4. Respondent No. 5 has filed the objections and contended that whole area of the locality in question has been fully electrified. The facility of supplying the electric current to the consumers has been made available which can be availed of alter fulfilling the required formalities. The registered electricity connections number