JUDGMENT A. Banerji, J. - In this public interest litigation initiated by the petitioner - The Essential Services and Consumers' Association and others - have complained about prevalence of jaundice in the City of Allahabad and have complained that the water piped by respondent No. 1 for the purpose of drinking and other domestic use by the citizens of Allahabad has been contaminated by either sewer lines or storm water drains or open drains or by leakages in the water mains and pipes. They have, therefore, prayed that suitable directions be issued in the nature of 'Mandamus to the respondents Jal Sansthan, Development Authority and the Nagar Mahapalika, Allahabad, to perform their statutory duties and remedy the existing situation. The petitioners have sought a number of directions in this writ petition, but the main thrust has been that the water supplied to the citizens is contaminated and is the cause of jaundice and other diseases and prayed for taking of samples of water from the affected areas and for their analysis to find out the reasons for the same and to take remedial measures. 2. The petitioners' complaint about the quality of water supplied to the citizens of Allahabad led to the collection of water samples from road-side taps of ten places in August, 1985. The samples were sent to the Head of the Department of Microbiology, in the Medical College Allahabad for examination. The report disclosed that the chlorine content in the water was over 4.5 ppm (parts per million) in 3 out of 10 samples taken. At seven other places the Chlorine content was between 1.5 ppm to point two ppm. The water samples from Atala recorded 5.0 ppm and that of Malviyanagar and Kydganj 4.5 ppm each, which was more than 20 times the normal quantity. 3. A contention was raised on behalf of the petitioner that the water supplied was injurious to the health of the citizens because of the excessive quantity of chlorine in it. It was urged that where water was 'contaminated water' with bacteriological impurities e. g., organic material, excessive dosage or chlorine may lead to serious consequences such as ailments of the digestive tract, liver, kidney in those who drink such water. It could be the cause of cancer also. 4. It was urged that where water was 'contaminated water' with bacteriological impurities e. g., organic material, excessive dosage or chlorine may lead to serious consequences such as ailments of the digestive tract, liver, kidney in those who drink such water. It could be the cause of cancer also. 4. Treatment of water by use of Chlorine in its various forms is the most widely and universally adopted method for disinfecting water. It is reliable, comparatively cheaper and not vary difficult to handle. Chlorine is usually added to the water in the pipe leading from the filtered water reservoir to distribution mains so that sufficient contact period is ensured. Chlorination removes colour, odour and bacteria. Chlorination is thus necessary before water is supplied for drinking purposes. 5. To find out the effect of excessive chlorine in water, on human physiology, an opinion was sought from the Head of the Department of Microbiology, Medical College, Allahabad. He opined : "The level of chlorine was found to be very variable and at times it has crossed the scale of measurement of level of chlorine. It seems that there is no proper method of dechlorination and monitoring the level of chlorine in water supplied to public. The recommended level of chlorine at 'consumer's end is 0.5 mg Lit of water (0.5 ppm). As result of this high chlorine level in water at consumer's end, 1. There will be no bacterial growth (which is index of water contamination). 2. The water will be irritant to eye, gastrointestinal tract, skin and other tissues of the body. 3. It will not be acceptable to consumer as it will have pungent odour, on drinking he may feel nausea and vomiting. 4. The long term effect of chlorine has been studied through the effect of compound formed as result of combination of chlorine and organic material present in water and known by general term Trihalomethanes (THM). Bull, Robinson, Brown, Mint and 1, 1499 (1970) observed that chlorine is capable of inducing tumour in experimental animal. They were of view that the ability of chlorine to produce liver tumour is not separable from its ability to damage liver Contor Atal (1978) observed positive correlation with THM level in several, cancers including that of bladder, brain, non-Hodgkin lymphomes and kidney cancers. Hogan, Chi, Hoal (1979) found some definite association between chlorine level and cancer specially of rectum, intestine and bladder. Hogan, Chi, Hoal (1979) found some definite association between chlorine level and cancer specially of rectum, intestine and bladder. However, Casto and Mattlin (1980) observed that levels of THM were not significantly associated with incidence of any site of cancer studied by them. From India no such studies are available. Sd/- R. C. Pande The Head Deptt. of Microbiology, M. L. N. Medical College, Allahabad." 6. The report showed that the presence of excessive chlorine in water supplied for drinking purposes is bad on health. We asked the Head of the Jal Sansthan, the Superintending Engineer of Jal Nigam and the Chief Medical Officer of Nagar Maha palika, Allahabad for ascertaining their views as to how this excessive user of chlorine in drinking water can be checked. It may be noticed that chlorine in its various forms is used in heavy doses as a preventive measure mostly when it is feared that the water is contaminated or some epidemic is prevalent or for some similar exigency. We felt it necessary to see the system at work, principally the methodology used in mixing chlorine to water. We desired to know if its mixing was regulated at the main filtering plant at Khusroobagh and at the sub-stations where deep tube-wells operated with or without underground reservoir or overhead tank. The reason was to find out if the mixing of chlorine or chlorine in different forms (like bleaching powder etc.) was regulated through a mechanical device or left to humanagency to be operated manually. Since the water supply in this city depends not only on the Khusroobagh waterworks but on as many as 51 tube-wells, we considered it necessary to visit a few places to see its actual -working. We visited the Khusroobagh waterworks on the morning of 9th November, 1986 and also three deep tube-well sub-stations at Nehru Park, Baikabagh and at Kanpur Road, Allahabad. We saw the process at work. 7. At Khusroobagh, chlorine is mixed with the water mains leading to the underground reservoir of filtered water, which is later pumped out to various parts of the city. We did not see any meter or dial indicating the quantity or the rate of mixing of chlorine at this place. The rate of inflow of chlorine is regulated by turning a nut at the head of a' huge cylinder, by a wrench by hand. We did not see any meter or dial indicating the quantity or the rate of mixing of chlorine at this place. The rate of inflow of chlorine is regulated by turning a nut at the head of a' huge cylinder, by a wrench by hand. To ascertain the quantity of chlorine in water periodic checking is done by taking water samples every hour from the underground reservoir and testing it by the process known as Orthotolidine Test. (0. P.) This involves mixing of two drops of Orthotolidine reagent in a small test-tube containing filtered water mixed with chlorine. The liquid in the test- tube changes colour. The test-tube is inserted in a small container containing various shades of colour (from greenish brown to greenish yellow - indicating the strength of chlorine in water). The visual observation of colour in the test-tube is matched with the existing shades of colour, each of which is graduated according to the ppm strength and gives an approximate idea of the strength of chlorine in the filtered water. We were told that the reading is done every hour and we were shown the readings kept in respect of different underground tanks. The reading was generally between point six ppm to 1.5 ppm. We were told that the rate of mixture of the liquid chlorine was purposely kept a little high so that by the time the water reached the farthest and it carried a chlorine content of at least point two ppm. The reason stated was that the supply was augmented by waters from various deep tube wells where the mixture was around point five ppm. This according to the officials of the Jal Sansthan killed the bacteria in water. 8. At the Nehru Park Substation, there is a deep tube well, water from which directly goes into the water mains, without going to any overhead tank or reservoir. Here, liquid chlorine was being mixed into the mains all the time and there was an arrangement by which the rate of chlorine being mixed was clearly shown. This was certainly a better method to see how much chlorination is being done. We saw that the meter read just under point six ppm. The only thing to be assured at this place was that the chlorine cylinders were duly refilled so that some chlorine was injected into the water supplied from this tubewell. 9. This was certainly a better method to see how much chlorination is being done. We saw that the meter read just under point six ppm. The only thing to be assured at this place was that the chlorine cylinders were duly refilled so that some chlorine was injected into the water supplied from this tubewell. 9. We then saw the deep tube well substation in Baikabagh, where a big overhead tank stores the water before being supplied to the public distribution system. Here we saw the use of bleaching powder (hypochloride of lime = CaOC12) which is first dissolved in water and the solution is added to the water pumped up to the overhead storage tank. The treatment with bleaching powder is also called 'hypochlorination'. There is no meter or dial or any such device here to indicate the rate of mixture added to the water before it goes to the water mains but we were told that one measure of bleaching powder lasts about 3 hours in the drum where it is dissolved in water. Every three hours the official at the sub-station has to refill the drum with an equal or predetermined amount of bleaching powder. This therefore is a manually operated system. We took a sample of water from a public tap on the street near the S. S. Vidyamandir School and this showed a matching colour in the meter with a reading of point two ppm. 10. We also saw the deep tube well substation at the crossing of Kanpur-Read & Sardar Patel Marg. At this place the system used was of mixing bleaching powder by the same process as at Baikabagh. On enquiry, we were informed that 3 to 4 kg of bleaching powder was used per day at this station. The act of chlorination depended -here too on manual operation, and there is neither any meter nor device to measure the rate of chlorination to the water going out to the water mains. 11. One fact, however, needs to be stated here. It was stated and not disputed that chlorination of water is essential whether the water is surface water or underground water. In theory, the water from the deep tube well is not contaminated and does not require any chlorination. 11. One fact, however, needs to be stated here. It was stated and not disputed that chlorination of water is essential whether the water is surface water or underground water. In theory, the water from the deep tube well is not contaminated and does not require any chlorination. However since the water from a deep tube well is pumped into the water mains containing water from other source, it becomes necessary to use some form of chlorine to destroy the bacteria in the water. Chlorination is the most commonly prevalent disinfectant to ensure that the water is potable water. Disinfection of water is undoubtedly the most potent weapon in the hands of health and water authorities against water-borne infection. In the Book 'Elements of Water Supply and Waste Water Disposal' Second Edition, published by John Wiley & Sons, Inc. New York, it is laid down (page 521) that the permissible limit of chlorine residuals in drinking water should be as follows : "In drinking water, chlorine residuals of Order 2 to 1.0 mg per 1 after 15 to 30 min of contact will generally produce 99.9% destruction for Esch. coli and 370 C bacterial counts. A 15-min free-chlorine residual of 0.5 mg per 1 appears to be a safe average." In the Book of Water Supply & Sanitary Engineering by S. K. Husain, Oxford IBH Publishing Company, New Delhi, (1974) it has been stated on page 155, as follows : "The dosage of chlorine depends upon : (i) Organic matter present, (ii) P H value of water, and (iii) amount of C02. In addition, it also depends upon temperature, time of contact and chlorine present in the organic matter. The actual dosage should be such that residual chlorine of about 0.1-0.2 ppm is obtained. Generally, 1.0 ppm is added. During epidemics and rainy season, the dosage of chlorine is increased." "The dosage for ground water for disinfection is 0.1 to 0.2 ppm, 0.5 - 1.5 ppm for surface water and it may be as high as 3.0 ppm for highly polluted waters." All this shows that chlorination is necessary for making the water safe for drinking and other domestic use, but the real test is to use proper dosage of chlorine and it depends upon the type of water that one has to deal with, as indicated by author S. K. Hussain in his aforementioned book. The dosage may have to be increased during rainy season or where epidemic is threatened or has taken place. It all depends on the type of water available. Just as the absence of chlorine or similar disinfectant makes the water unsafe for drinking - similarly excessive quantity of chlorine in water may also be harmful and injurious to human being. If there be organic matter in that water, and there is excessive quantity of chlorine in it, this may cause serious ailments to liver, kidney and medical opinion indicates it may cause cancer too. 12. In a Paper on, Alternative Disinfectants, Arnold E. Greenberg of the American Water Works Association has very clearly put the matter as follows : "A dilemma of present day water treatment practice that disinfection by chlorination, along the first line of defence against water- borne disease, has itself been shown to pose a potential health hazard through the reaction of chlorine with precursors in water to form trihalomethanes, which at high concentrations increase carcinogenic risk to the consumer. How to reduce levels of trihalomethanes in drinking water without also weakening the bacteriological barrier afforded by chlorination is a question that has been the subject of intensive research, much of it focusing on process changes to minimise trihalomethane formation or to remove the compounds after they are formed. Lately, however, increased attention has been paid to the possibility of approaching the dilemma from its other horn : that is, substituting for chlorine such alternative disinfectants as ozone, chloramines and chlorine dioxide." 13. However, unless the other disinfectants are found to be convenient, easily available and cheap it may not be feasible to use them in this country. It may require substantial outlay to introduce alternative disinfectants for use in existing water works. We have, therefore, at present no option but to continue with chlorination of water supply from the existing source. However, prudence demands that when one uses chlorine for mixing in water used for drinking or domestic purposes he must be careful to control and regulate the dosage of chlorine in water so that it may not pose a public health problem. Much of this knowledge and practice come from experience in handling chlorination plant in Water-works. However, prudence demands that when one uses chlorine for mixing in water used for drinking or domestic purposes he must be careful to control and regulate the dosage of chlorine in water so that it may not pose a public health problem. Much of this knowledge and practice come from experience in handling chlorination plant in Water-works. It is probably not harmful to mix a relatively high dosage of chlorine at the filtration plant but what is harmful is excess quantity of chlorine in water at the receiving end. If O.T. test reveals the presence of chlorine at a rate higher than one point five, ppm its presence will be noticed. Similarly, if the margin of chlorine in water is four ppm.or more it will be certainly harmful to the health of those who consume that water. There must, therefore, be some mechanical device to regulate the inflow of chlorine in water. Manually operated device for mixing chlorine will be uncertain and may cause health hazard. 14. There is another aspect to be considered. It is the presence of organic material in the water mains. How do they find their place there if the Waterworks pumps only treated and disinfected water? Obviously. they make their way into the water mains through some leakage in the mains where sewer-lines or sewage material stagnate. It is, therefore, imperative that periodic checks must be undertaken to see that damaged or broken water mains near the sewer-lines or sewage does not have a leak to contaminate the water. If organic material is prevented from entering the mains and if chlorination is properly regulated there would be no possibility of any health hazard from such water. 15. Learned counsel for the Jai Sansthan and Nagar Mahapalika pointed out that both the institutions are short of funds to undertake any major change in the existing arrangements. They stated that unless the State Government came to their aid they would not be able to embark on any major project. We are aware of the financial constraints of the Jal Sansthan, but we cannot ignore the fact that citizens are entitled to clean disinfected water fit for drinking. If the Jal Sansthan is not able to do that it will not be able to serve the purpose for which it has been established. We are aware of the financial constraints of the Jal Sansthan, but we cannot ignore the fact that citizens are entitled to clean disinfected water fit for drinking. If the Jal Sansthan is not able to do that it will not be able to serve the purpose for which it has been established. It is the bounden duty of Jal Sansthan to see that the supply lines or water mains are properly maintained, looked after and repaired promptly, wherever and whenever necessary. Even if it means substantial expenditure they will have to incur the same to ensure adequate supply of potable water. 16. Having given the matter the consideration it deserves, we feel that the following directions should be issued at present : 1. It is imperative that there should be regulatory valves with meter showing the outflow of chlorine into the pipe, mains and the reservoir. Otherwise one may not be able to know immediately the extent of the outflow of chlorine or even whether there is any outflow at all from the chlorine cylinder. In the existing condition it may not be noticed for quite sometime unless the O.T. test shows a very low ppm of chlorine in the water in the reservoir. Similarly there is no way of knowing immediately if the hypochlorination is taking place in the water coming from the deep tube well and going into the water mains, or the extent of it, unless there is a mechanical device to indicate the same. Steps should be taken immediately to fix mechanical device to measure the inflow of chlorine in water, wherever chlorination takes place, in a reasonable period of time, i.e. within 3 months from today. 2. There should be hourly reading of the ppm level in the reservoirs to find out the extent of chlorine in water. Similar steps have to be taken in underground reservoirs or in overhead tanks where the water comes from deep tube well. 3. It is the duty of the Jal Sansthan to ensure that the chlorine content in normal times at the receiving end is less than point five ppm. 4. The microbiological examination conducted in the Medical College, Allahabad, reveals the presence of excessive quantity of chlorine in water in three deeply congested areas of the city. 3. It is the duty of the Jal Sansthan to ensure that the chlorine content in normal times at the receiving end is less than point five ppm. 4. The microbiological examination conducted in the Medical College, Allahabad, reveals the presence of excessive quantity of chlorine in water in three deeply congested areas of the city. It is apparent that proper attention had not been given towards chlorination - and the care and attention that was necessary was lacking. This is possible when chlorination or hypochlorination Ls-done by manual operation. However, we feel that no useful purpose would be served by conducting a detailed inquiry into the causes of such excessive chlorine being found at the receiving end but we feel and we like to emphasise, that every effort must be made to see that such a situation does not recur again in this city. Care has to be taken at all levels. The Jal Sansthan has been given the duty of providing water supply to the citizens of this city. This duty implies providing not only adequate quantity of water for domestic use and such water to be palatable, must be free from colour, turbidity, taste and odour and must also be well aerated. The citizens have a right to expect the Jal Sansthan to provide them with potable water which does not cause them ill-health. Each and every person employed in the Jal Sansthan - whether he is the General Manager, or his assistants, the engineers, the chemists, the technicians in the Laboratory, at the pump house at the deep tube wells, at the chlorination points, the pipeline inspectors and the guards are all charged with the same duty. We, therefore, direct the officers and men of the Jal Sansthan to perform their duty with utmost care and caution. 5. We further direct that the waterworks. should be treated a prohibited place - prohibited for all those people except those who are on duty in the Waterworks or have come there on business. Proper care must be taken to see that the water of the reservoir whether the initial one or the subsequent ones are not polluted or contaminated by any member of the public. Entrance to the compound of the Water-works must be secured fully and the highest form of hygienic modes should be observed. 6. Proper care must be taken to see that the water of the reservoir whether the initial one or the subsequent ones are not polluted or contaminated by any member of the public. Entrance to the compound of the Water-works must be secured fully and the highest form of hygienic modes should be observed. 6. We further direct the Jal Sansthan to monitor water supply in areas from which complaints come frequently in regard to quality of water, water pressure and non- supply of water. The supply line should be checked, leakage should be sealed and special attention should be given to places where sewer lines run and effort should be made to see that there may not be any contamination either in the water mains or the water lines. 7. We also direct the Jal Sansthan to take notice of the individual complaints of bursting of watermains, pipe lines or water hydrants. It would save thousands of liters of water being spilled through the leak and prevent breakdown of water supply as also contamination of water. 8. We further direct the Jal Sansthan to publish in local newspapers whenever they intend to use excess amount of chlorine in water. Similarly, they should also publish notice giving specific period of time for which they intend to close the supply of water in any particular locality. They may also direct the people to store water and give such other directions as may be necessary. 9. We also direct the Jal Sansthan and the Nagar Mahapalika to remove all street water taps erected directly over the water-mains to some distance away that the possibility of the used water, which is filthy or dirty, going back into the mains during the period the supply remains suspended, may be avoided. The Nagar Mahapalika is also directed to make proper arrangement to prevent used water stagnating or accumulating near such street water posts. This will also help in curtailing the breeding of flies and mosquitoes in such stagnant water. We direct the authorities of Jal Sansthan, Nagar Mahapalika and Jal Nigam to carry out the directions made above. 17. Before we conclude this order, we must observe that there is a growing need for water for domestic and other purposes every year, as the population in the urban areas grows and the urban areas expand. We direct the authorities of Jal Sansthan, Nagar Mahapalika and Jal Nigam to carry out the directions made above. 17. Before we conclude this order, we must observe that there is a growing need for water for domestic and other purposes every year, as the population in the urban areas grows and the urban areas expand. The population of this city may double itself in the next fifteen years. The stress on the existing waterworks is already telling. It is imperative to augment the supply of water in this city for domestic and other purposes. It is time to think about and take positive action to construct a bigger, modern and mechanically operated waterworks, preferably in the western approach to the city to cater to the needs of the citizens. Apart from chlorination other methods of treating water with ozone etc. may be resorted to if found economically feasible. Simultaneously, effective plan should be drawn up by the authorities for making proper sewer lines to avoid pollution. The age old concept of throwing all sewage, filth and rubbish into the river must be scrupulously avoided. Similarly, in areas where a large number of septic tanks are located, it would be useful from the health point of view to lay sewer lines and utilise the sewage for agricultural and other purposes. Future town planners, city fathers and representatives of the people in legislatures must think on these lines before it is too late. 18. The writ petition is accordingly disposed of.