JUDGMENT 1. - This petition has been filed for the three principal reliefs. Firstly for supply of adequate quantity of pure drinking water to the inhabitants of all the villages of Sirohi; secondly to install water treatment plants at appropriate places; and thirdly to appoint qualified Medical Officers at the appropriate places in each Tehsil of the District of Sirohi for treatment of the patients suffering from the diseases like Leprosy, Kyphofix, TB, Blood deficiency related diseases and dental diseases alongwith other eventual reliefs. It was pointed out before the court at the outset when the petitioner was admitted that in many parts of the Sirohi District the water contains excessive quantity of fluoride which is hazardous to the health to population residing and suing such water. 2. In the aforesaid scenario, in the first instance, the court directed on 2.4.92 to arrange for installation of water treatment plants said to have been available in the store of PH.E.D., Sirohi, at the Tehsils where they are required most. 3. When the matter came up before the court on 20.5.92, the Court noticed a note for arrangement proposed by PH.E.D., Govt. of Rajasthan for dealing with problem of excess flouride and saline contents in water in District Sirohi has been filed, wherein assurance has been given by the Chief Engineer to do the needful within the period of three months. The Secretary, Department of Health, Govt. of Rajasthan was also directed to see that the grievance mentioned in para 4 of the application is redressed. 4. Thereafter on 20.7.92, the Court noticed the assurance given by the Chief Engineer for installing the water plants on 20.5.92 and also noticed the admitted position by the respondents that there are hospitals in the Sirohi District which are working with less then the sanctioned strength of doctors and auxiliary staff. The Court desired that the State Govt. fills up the sanctioned vacant posts of doctors which are lying unfilled and other necessary medical staff as far as possible, by first week of September, 92 and the matter was ordered to be listed on 7.9.92. 5. Subsequent thereto the Union of India through Secretary, Ministry of Water Resources was also impleaded as party. 6.
fills up the sanctioned vacant posts of doctors which are lying unfilled and other necessary medical staff as far as possible, by first week of September, 92 and the matter was ordered to be listed on 7.9.92. 5. Subsequent thereto the Union of India through Secretary, Ministry of Water Resources was also impleaded as party. 6. The matter again came up before Division Bench on 7.8.98 in which it was admitted by the respondents and the court noticed from the reply of the State Govt., that out of 459 villages of Sirohi District, 348 villages have been provided unpolluted drinking water and that rest of the villages are being provided water containing flouride contents from 1.5 p.p.m. to about 7 p.p.m. The State Govt. had stated that the project of deflourding of water has been sent to the Central Govt. costing Rs. 688.21 crores out of which Sirohi District's share stands to 8.5 crores rupees, which is under active consideration of Govt. of India. It was also stated by the learned Addl. Advocate General that though the amount of 8.5 crores has been sanctioned for Sirohi District by Union of India but the same has not been received by the State Govt. The Court further noticed that though about 18 pumps have been installed for water treatment but they are not working at all. The learned Addl. Advocate General pleaded his ignorance about the same but assured the court to do the needful after verifying the facts. 7. Until that time, Union of India has not filed its reply. However, first reply was submitted by Union of India on 14.9.98 after raising preliminary objections, the Union of India stated that the problem now remains for only 11 villages and making provision for supply of drinking water is the primary responsibility of the State Govt. It was submitted that on the basis of criteria and norms certain amount has already been given by the Union of India to the State Govt. under Accelerated Rural Water Supply Programme and out of that more than Rs. 8 crore have been allotted and spent for improvement in purity and unpolluted drinking water supply in Sirohi District. However, no details about the financial assistance committed and extended to the State Govt. in that regard was furnished by the Union of India.
under Accelerated Rural Water Supply Programme and out of that more than Rs. 8 crore have been allotted and spent for improvement in purity and unpolluted drinking water supply in Sirohi District. However, no details about the financial assistance committed and extended to the State Govt. in that regard was furnished by the Union of India. Thereafter, additional submissions were made on behalf of Union of India on 11.12.01 in which a schedule was disclosed informing the amount of money released to the State of Rajasthan under Accelerated Rural Water Supply Programme during each year from 1991-92 to 1998-99 and also disclosing the amount of total fund made available to the State until the close of financial year 1999-2000 under Accelerated Rural Water Supply Programme and utilisation of the State Govt. 8. By presenting the schedule Union of India has sought to project that the State was unable to utilise Rupees 4061.24 lakhs out of total funds made available to it under the aforesaid project. 9. We are afraid that instead of making available funds towards water purification projects a vague and spacious reply has been submitted by the Union of India throwing its burden on the State of Raj. without denying its liability to make available the sanctioned fund for the purpose of making arrangements to supply of adequate quantity of pure drinking water to the inhabitants of the State of Raj. which in general includes the Sirohi District as well. It goes without saying that the question arises of the allocation of the funds to make arrangement for supply of pure drinking water, it must also reflect the head or sub head under which the amount so made available to the State Govt. to be utilised. It is inherent in the question of making arrangement for pure drinking water to make arrangement for purifying contaminated and polluted water to make it potable. 10. Be that as it may from the reply submitted by the State Govt., last of which has been submitted on 1.5.01, the fact that in some part of the Sirohi District water containing excessive flouride then the accepted norms is being supplied and it is a health hazard. However, notwithstanding the previous order to which reference has been made above, the reply seems to be silent about the measures which the State Govt. has taken.
However, notwithstanding the previous order to which reference has been made above, the reply seems to be silent about the measures which the State Govt. has taken. But neither potable drinking water is being supplied to many parts of the Sirohi District, nor details have been furnished about the compliance of the directions about the maintenance of water pump installed by the respondents in Sirohi District, nor the State Govt. has furnished any affirmative report about filling up the vacancies of doctors and medical staff at various medical health centres within the Sirohi District and utilisation of amount made available to it by the Union of India. It has been admitted by the respondents in their reply, while detailing their achievements in the Jodhpur District, the reply in respect of Sirohi District to which the petitioner relates is cryptic and devoid of any details. However, they have candidly admitted that earlier accepted norms of flouride contents present in standard potable water was 1.5 p.p.m. which because of expediency for making water supply and want for availability of necessary financial resources has been raised to 3 p.p.m. by the State Govt. However, no supportive material has been placed on record to justify acceptance of standard for potable water with excess contents of flouride. Moreover, even on anvil of the increased flouride content standard, quite a few villages of Sirohi District are still not getting potable water of the standard set by the Government itself. 11. Learned Addl. Adv. Gen. was not in a position to inform the court about the compliance status of the previous orders, nor about the requisite details amount and measures taken for providing potable water of requisite standard about flouride contents within the Sirohi District by the State Govt. or the project and target which the State Govt. has itself set for in this regard and its achievement. 12. The petitioners in reply to averments made by the respondents in additional submissions have categorically, averred that problem of excessive flouride content in drinking water exist in 133 villages of Sirohi District even by the standard now set by the State, which is contrary to standard fixed by W.H.O. after scientific research. 13. In the aforesaid circumstance, we direct the learned Addl. Adv. General to furnish definite information about : 1.
13. In the aforesaid circumstance, we direct the learned Addl. Adv. General to furnish definite information about : 1. The installation of water treatment plants at various places in the Sirohi District and their present working status. 2. What arrangements have been made for-up-keep and maintenance of such water treatment plants in Sirohi 3. Out of water treatment plants to installed how many of them are in working condition and how many of them have been rendered unusable, and what measures have been taken to revive such water treatment plants to working condition or replace them, if it is not possible to revive. 4. The respondents shall also furnish the approximate time requisite within which the water treatment plants which have been rendered out of use be brought back to use by taking necessary steps. 5. List of villages where the water supply conditions more than 1.5 p.p.m. flouride as well as list of villages where flouride contents is more than 3 p.p.m. 6. The steps taken by the State Govt. since filing of writ petition to make available drinking water free from excessive flouride contents within the Sirohi District and exaci amount scent for it. 7. List of hospital and health centres established in Sirohi District alongwith their sanctioned strength and the unfilled vacancies in each of such centre. 8. Union of India is also directed to furnish the allocation of specified fund to be utilised for treatment of water to make it potable up to the standard prescribed by W.H.Q. in the State of Rajasthan. Requisite information shall be furnished to this court on or before 30.9.2002 and the matter shall be listed for orders on 3.10.2002. The concerned responsible officers with relevant record should remain present in the court to assist the court for issuance of further direction in the matter in the light of information supplied by the respondents. Matter Listed for orders on 30.10.2002 After receipt of reply by 30.9.2002. *******