JUDGMENT Ravi S. Dhawan, J. - This court has heard learned counsel for the petitioner and the respondents. 2. While the issue on merits of the petition may be argued subsequently at length between the parties, pendent lite the writ petition, this court at present considers it appropriate to give an ad-interim direction containing remedial measures on the water crisis facing the city of Allahabad. 3. This is a crisis which refers to the availability of drinking water. The crisis is being faced, as the media reports in more than one State of the Nation. While there is shortage of drinking water for the population of Allahabad, this crisis is being faced in several cities of North India. This court is of the opinion that prevention of wastage of this valuable natural resource of basic human need, conservation is the need of the hour. Further, Article 48-A of the Constitution of India casts an obligation on the State to protect and improve the environment. Then, it is the fundamental duty of every citizen of India, in reference to the context, under Article 51-A(g) "to protect and improve the natural environment" including the preservation of water resources. This court cannot ignore these edicts in the Constitution. 4. It is for this purpose that this court held its sitting especially during the summer recess to reflect upon the merits of the petition and while a debate on the merits will be considered when the court re-opens in July remedial measures to conserve drinking water and prevent its wastage must be taken on a war footing. In fact the suggestion for remedial measures ought to have come from the parties, but in the absence of their suggestions the court is placing its suggestions for action by the respondents in the interest of the general public so that drinking water is available as far as possible and distributed equally among the population of the city. 5. The remedial measures which the Court suggests are : "(1) All leaking public hydrants, supply lines, public stand posts must be attended to without delay. Respondents may take note of the directions given by a Bench of this court in its judgment delivered on 3rd December, 1986 in Writ Petition No. 2934 of 1985, Essential Services and Consumers Association v. Jal Sansthan and others, delivered by Hon'ble A. Banerji, J., (as he then was) and Hon'ble K.P. Singh.
Respondents may take note of the directions given by a Bench of this court in its judgment delivered on 3rd December, 1986 in Writ Petition No. 2934 of 1985, Essential Services and Consumers Association v. Jal Sansthan and others, delivered by Hon'ble A. Banerji, J., (as he then was) and Hon'ble K.P. Singh. J., reported in 1986 ALJ 446 : 1987 UPLBEC 150 (DB) with special reference to paragraph 16, Direction No. 7 in the judgment of the Bench ought not to be forgotten, in the context of the matter before this court. This is the direction to save and prevent wastage of water. (2) The distribution of water must not be to the disadvantage of any citizen and the supply whether to a rate payer or a citizen at a public tap must be at a uniform rate of pressure and duration. (3) The ferrule connecting the water supply to rate payers supply line and the public stand point tap must be universal. This will increase the pressure and the rate of supply all over. The authorised ferrule for instance permitted to a tax payer must be the same for the public tap also. (4) Public taps be fitted with push or gravity value openers so that after use the faucet remains shut and no more water than needed is extracted. This alone will save an average of a thousand litres of wastage or illegitimate use per public tap in a day. (5) The hours of distribution and supply of water be regulated and be announced so that such a situation is not warranted that one locality receives supply for a longer duration and the other localities may be without water. If after due consideration the respondents come to the conclusion that optimum pressure can maintained for only a short duration, then a specified duration of supply be maintained during the crisis so that the entire city receives water without advantage to any one locality receiving more than the other. It would be appropriate to sustain two to three hours supply in the morning and in the evening, at a previously announced time schedule than leaving one locality without water. (6) The respondents may take note of the remedial measures being undertaken by other States for conservation and preserving drinking water, by issuing public advertisements for purpose of inculcating a civic sense among the citizens for presenting wastage.
(6) The respondents may take note of the remedial measures being undertaken by other States for conservation and preserving drinking water, by issuing public advertisements for purpose of inculcating a civic sense among the citizens for presenting wastage. These public advertisements issues by one State, the Union Territory of Delhi are readily available having been published by the Delhi Administration, in the national newspapers during May 1988 and continue to appear day-to-day. The context of these advertisements is conservation of drinking water. They have come out under the head "Man cannot create water why should be waste it ?" Some advertisements are in the context of the city of Delhi. The other advertisements are more or less compatible to the context of the city of Allahabad. These are advertisements Nos. 7, 8, 9, 10, 11, 12 and 13 so far available as on the date of passing these orders. These are appendices to this order, and every such advertisement issued by the neighbouring State, aforesaid, needs to be taken note of to be suitably adapted for publication in local newspapers. (7) In order that the poor and weaker sections of the society may not be without drinking water and a public tap is not available, hand-pumps be installed. The media reports that Government encouraged and Jal Nigam designed 135 India Mark II hand-pumps are being installed in other towns and cities of Uttar Pradesh. Let these hand-pumps be installed in the district of Allahabad. This would make available water for the daily chores of the poor and weaker sections without putting any strain on the existing supply. These hand-pumps may be installed without any delay. If the Administrator, Nagar Mahapalika is satisfied that the existing stand point is being misused so as to deprive water to the weaker sections of the society but giving free access to commercial ventures, an activity which negates the purpose of a public tap, then he may install a hand pump which would make water available to the poor and weaker sections but prevent wastage for purpose other than for what a public tap is meant to be. Care must be taken that the spill from the public taps or hand pumps do not discharge into storm drains or over existing water distribution supply lines so as to corrode them ; a caution given by the Court in Writ Petition No. 2934 of 1985, aforesaid.
Care must be taken that the spill from the public taps or hand pumps do not discharge into storm drains or over existing water distribution supply lines so as to corrode them ; a caution given by the Court in Writ Petition No. 2934 of 1985, aforesaid. The quantity of such hand-pumps required be evaluated by the respondents and the district administration without any delay. (8) Let every available disused public well in the city be repaired, cleaned and disinfected and made available for use so that strain on the public distribution system is lessened. (9) Likewise let private wells be encouraged to be used by the respondents by helping property owners with the process of cleaning and disinfection. The Administrator may consider a scheme to energise such natural wells, it would help save drinking water supplied through the public distribution system. (10) As in the Union Territory of Delhi, reference Delhi Administration advertisement No. 3 published on 24 May, 1988 in leading dailies, property owners with garden and commercial establishments requiring constant water use be encouraged to install and sink small tube-wells or hand-pumps for gardening to save filtered water, unless there be arrangements for raw water from the river. The Allahabad Gazetteer, 1911, mentions, in effect, that filtered water was to be preserved. It records, " it is now proposed to introduce a supplementary system whereby unfiltered water will be made available for house hold and garden use, which will greatly lessen the demand for filtered water." (11) There are reports published to indicate fall in ground water levels throughout the State including other States. Allahabad is no exception. Efforts be made by the local administration and the respondents to arrange catchment areas to receive the flow of rain water through storm drains, free from industrial pollution, so that natural rain water is arranged to be harnessed and permitted to percolate and permeate under ground to conserve subterranean ground water levels. For the guidance of the respondents one such catchment area is along the Kamla Nehru Road inside the Azad Park which used to receive the in flow of rain water from the storm drains of Mahatma Gandhi Marg, Lal Bahadur Marg, Tashkent and Kamla Nehru Marg. It is an artificial lake to receive tire spill of rain water through storm drains. Other available catchment areas be cleaned or created to receive rain water through storm drain channels.
It is an artificial lake to receive tire spill of rain water through storm drains. Other available catchment areas be cleaned or created to receive rain water through storm drain channels. As explained, instead of letting rain water run without purpose let it sink into the ground as a measure of co-ordinated planning to conserve natural water. (12) In the district of Allahabad, unlike Delhi which depends for water and receives upon payment from neighbouring States, there should be no shortage of natural water on account of the two major rivers. The river Jamuna and Ganga between them have more than enough water for the city. There is a limit to which Khusroobagh Water Works may be able to supply water for the need of the entire city. The need of the city has overshot planning and the time has come to have more than one water works for the city dependant upon supply from the river and not around water. (13) The Administrator, Nagar Mahapalika, Allahabad, may monitor complaints of citizens and the press highlighting the causes upon which part of the current water crisis may be based, particularly those vented during the last two months. The press reports need to be looked into, also. 6. Regard being had to a circumstance that subterranean and ground Whitier may not be used indiscriminately without upsetting the ecological balance between replenishing deep subterranean ground water and its production, and the court being conscious of the report that deep subterranean ground water table has not maintained itself and is sinking and on the other hand is the crisis of shortage of drinking water, this court permits, temporarily and as an ad interim measure, the functioning of the two tube-wells on Rishi Dayanand Marg (Thornhill Road). Whether these tube wells ought to be where they are, is a matter pending consideration on merits. One tube-well is in front of St. Marys Convent High School and Intermediate College. As the girls' school, aforesaid, will not reopen till 11th July, 1988, this tube-well is permitted to function till 10th July, 1988. The other tube-well, described in the pleadings on record, near a petrol-pump west of the Kasturba Gandhi Marg/Dayanand Marg crossing may function for the duration of summer and monsoon season i.e., untill 15th October, 1988. 7.
As the girls' school, aforesaid, will not reopen till 11th July, 1988, this tube-well is permitted to function till 10th July, 1988. The other tube-well, described in the pleadings on record, near a petrol-pump west of the Kasturba Gandhi Marg/Dayanand Marg crossing may function for the duration of summer and monsoon season i.e., untill 15th October, 1988. 7. By the time this matter is considered next, this court again reiterates that it would welcome suggestions which would resolve the issue raised in this affirmative action, if such action is understood to be a co-operative venture between the citizen and the respondent without an adversary element in it. 8. If the remedial measures suggested by the court may need allocation of funds of which the local administration may be short of, then the State Government may give active and prompt consideration to the request of the local administration upon a plan submitted. This would be in keeping with, as the court has observed already, the States obligation under the Constitution, to endeavour to protect and improve the environment. 9. List before this court as part heard on July 11, 1988.