Judgment :- (This writ petition has been preferred for a writ c mandamus directing the respondents to provide basic amenities like water supply, sewerage disposal, compound wall, approach road, street light etc. to the occupants of the Padikuppam Housing Board Scheme Flats, Padikuppam Road Anna Nagar West, Chennai. Case of the petitioner: .2. The petitioner is stated to be the Golden Jubilee Flat Owners Welfare Association, a housing complex constructed by Tamil Nadu Housing Board to accommodate 634 HIG .Flats, out of which, allotments were made in favour of 324 families in the Golden Jubilee Complex. The members of the petitioner Association were all allotees of the respective flats from the second respondent. Members of the petitioner association were not provided with basic amenities as promised by Tamil Nadu Housing Board and as a result, individual members were put to untold miseries. As the existing bore-wells supplied only salt water, the flat owners have been arranging potable water through Ambattur Municipality. The sewerage has got no out-let and the ground floor flats were flooded with human excreta, causing serious health hazard. There was no proper road facility so as to enable the occupants to reach the main road. .3. It was the further grievance of the petitioner that though respondents 2 and 3 promised everything the time of calling for application for allotment of flats, no follow up action has been taken by them, which resulted in filing the present writ petition. Contention of the respondents 2 and 3: 4. In the counter affidavit filed on behalf of the respondents 2 and 3, it was stated that the Government have issued orders dated 19. 1995 to include the said area in the Corporation limit so as to extend the operational jurisdiction of Chennai Metro Water Supply and Sewerage Board (CMWSSB, for short. Based on the request of the respondents 2 and 3, the officials of the Department inspected the colony and they have made an estimate of a sum of Rs.115 Lakhs for providing sewerage connection for flats at Padi. There is an approach road for the colony through Ambattur Estate Colony called Padikuppam Salai, which belong to the Ambattur Municipality and a sum of Rs.46 lakhs has been paid to the Highways Department for the purpose of laying road. A portion of the land has already been earmarked inside the colony for shops and nursery school. There is an approach road for the colony through Ambattur Estate Colony called Padikuppam Salai, which belong to the Ambattur Municipality and a sum of Rs.46 lakhs has been paid to the Highways Department for the purpose of laying road. A portion of the land has already been earmarked inside the colony for shops and nursery school. Since all the 634 H16 Flats come under single layout, the scheme pertaining to compound wall would be taken up as a deposit work, after collecting the cost from all the allotees. 5. After detailing all these steps taken by the respondents to improve the situation, they have prayed for dismissal of the writ petition. .6. The fourth respondent, Ambattur Municipality in their counter affidavit submitted that the Tamil Nadu Housing Board has provided all amenities such as roads, drinking water, sewerage facility and only the maintenance of the approach road has been entrusted to the Municipality. It was also stated that the Tamil Nadu Housing Board has not handed over public places to the respondent Municipality and unless those places were handed over to the Municipality, it would not be possible for them to provide further facilities to the occupants of the flats. Local body has also undertaken to extend all the facilities and amenities to the flat owners of the petitioner Association on handing over the facilities by the Tamil Nadu Housing Board. Accordingly, the fourth respondent also prayed for dismissal of the writ petition. .Right to life: 7. The petitioner association is a body formed for the purpose of protecting the interest as well as welfare of all the 634 flat owners living in the apartment complex constructed by the Tamil Nadu Housing Board, an instrumentality within the meaning of Article 12 of the Constitution of India. Article 21 of the Constitution of India is one of the salutary provisions included in Part III of our Constitution. The said Article encompasses within its fold the right of the citizen to have a reasonable residence, food, healthy and good environment, clean water and everything, without which a meaningful life would be impossible. .8. Right to life as guaranteed under Article 21 includes right to life with human, dignity as well as in a healthy environment. The said Article encompasses within its fold the right of the citizen to have a reasonable residence, food, healthy and good environment, clean water and everything, without which a meaningful life would be impossible. .8. Right to life as guaranteed under Article 21 includes right to life with human, dignity as well as in a healthy environment. The Government as well as Municipal authorities are custodians of public property and they are expected to protect the life and property of the citizens and they are also obliged to carry out the constitutional obligations. It is the duty of the State to provide the minimum facilities to the citizens so as to have a meaningful life. It should be the endeavour of the municipality and other organization of the State to provide the basic needs to the people of our country. With the passage of time, the need of the citizen also changes and what was a luxury earlier is a necessity now. The scope of Article 21 has been widened in the recent past due to the interpretation given by the Apex Court. The concept of good governance have undergone a sea change in recent times and more and more new rights were include within the ambit of Article 21. Some of the provisions contained in Part IV of our Constitution has been given a meaningful and purposive interpretation. Therefore, there was nothing wrong in the expectation of the people to have the facilities extended by the respondents. 9. Various international conventions and treaties played a pre-dominant role in the transformation of the very system of good governance and many of our legislations especially in the field of Human Rights, were as a result of treaties and conventions to which India was a party. The benefit of globalization and liberal Government policy should go to the common man living in our villages. Growth of global economy should not be at the cost of village economy. Therefore, we should have a change in our outlook and mind set and should strive, to provide basic necessities to the people by considering it as a commitment or duty rather than a liability. .10. When the public approaches the respondents with a prayer to provide the basic amenities to them, such prayer should be considered with a social outlook. Therefore, we should have a change in our outlook and mind set and should strive, to provide basic necessities to the people by considering it as a commitment or duty rather than a liability. .10. When the public approaches the respondents with a prayer to provide the basic amenities to them, such prayer should be considered with a social outlook. The State should not consider the writ petition like the present one as any other adversarial litigation. In fact, it was only on account of the failure of the respondents to rise to the occasion, that such writ petitions were filed and in fact, these are all involuntary litigations thrust upon the public. Public interest should be the dominant consideration of the State and its instrumentalities and service to the people should be taken as a solemn duty. .Legal Position: 11. The Apex Court in the context of disparity between increase in the homeless urban population and lack of corresponding rise in accommodation, considered the issue in Shantistar Builders v. Narayan Khimalal Totaae AIR 1990 SC 630 : (1991) 1 SCC 520 and observed thus: Contention of the Local body: “9. Basic needs of man have traditionally been accepted to be three food, clothing and shelter. The right to life is guaranteed in any civilized society. That would take within its sweep the right to food, the right to clothing, the right to decent environment and a reasonable accommodation to live in. The difference between the need of an animal and a human being for shelter has to be kept in view. For the animal it is the bare protection of the body; for a human being it has to be a suitable accommodation which would allow him to grow in every aspect physical, mental and intellectual. The Constitution aims at ensuring fuller development of every child. That would be possible only if the child is in a proper home. It is not necessary that every citizen must be ensured of living in a well-built comfortable house but a reasonable home particularly for people in India can even be mud-built thatched house or a mud-built fire-proof accommodation. 10. With the increase of population and the shift of the rural masses to urban areas over the decades the ratio of poor people without houses in the urban areas has rapidly increased. 10. With the increase of population and the shift of the rural masses to urban areas over the decades the ratio of poor people without houses in the urban areas has rapidly increased. This is a feature which has become more perceptible after independence. Apart from the fact that people in search of work move to urban agglomerations, availability of amenities and living conveniences also attract people to move from rural areas to cities. Industrialization is equally responsible for concentration of population around industries. These are features which are mainly reasonable for increase in the homeless urban population. Millions of people today live on the pavements of different cities of India and a greater number live animal-like existence in jhuggis.” 12. The concern of the Apex Court with respect to the right of citizens to have water and decent environment, education and medical care was reflected in the judgment in Chameli Sigh v. State of U.P. AIR 1996 SC 1051 : (1996) 2 SCC 5491 wherein it was observed thus: “8. In any organized society, right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. All human rights are designed to achieve this object. Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. These are basic human rights known to any civilized society. All civil, political, social and cultural rights enshrined in the Universal Declaration of Human Rights and Convention or under the Constitution of India cannot be exercised without these basic human rights. Shelter for a human being, therefore, is not a mere protection of his life and limb. It is home where he has opportunities to grow physically, mentally, intellectually and spiritually. Right to shelter, therefore, includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like loads etc. so as to have easy access to his daily avocation. The right to shelter, therefore, does not mean a mere right to a roof over one’s head but right to all the infrastructure necessary to enable them to live and develop as a human being. so as to have easy access to his daily avocation. The right to shelter, therefore, does not mean a mere right to a roof over one’s head but right to all the infrastructure necessary to enable them to live and develop as a human being. Right to shelter when used as an essential requisite to the right to live should be deemed to have been, guaranteed as a fundamental right. As is enjoined in the Directive Principles, the State should be deemed to be under an obligation to secure it for its citizens, of course subject to its economic budgeting. In a democratic society as a member of the organized civic community one should have permanent shelter so as to physically, mentally and intellectually equip oneself to improve his excellence as, a useful citizen as enjoined in the Fundamental Duties and to be a useful citizen and equal participant in democracy. The ultimate object of making a man equipped with a right to dignity of person and equality of status is to enable him to develop himself into a cultured being. Want of decent residence, therefore, frustrates the very object of the constitutional animation of right to equality, economic justice fundamental right to residence, dignity of person and right to live itself”. Direction: 13. The respondents themselves have indicated the steps taken by them to redress the grievance of the petitioner and more particularly in respect of laying road, sewerage connection, provision for drinking water as well as providing shops and nursery school inside the complex. It is found that as per the order passed by this Court on 30.6.2008, the apartment complex was inspected by the third respondent for the purpose of fixation of boundary so as to enable the petitioners to complete the construction of the compound wall. Accordingly, report has been filed by the third respondent and the report indicates that the boundary has been demarcated and a copy of the plan as approved by the CMDA has also been provided to the petitioners. Accordingly, report has been filed by the third respondent and the report indicates that the boundary has been demarcated and a copy of the plan as approved by the CMDA has also been provided to the petitioners. In such circumstances, I am of the view that interest of justice would be sub-served by issuing the following directions, by taking note of the steps already taken by the respondents: (a) Respondents 2 and 3 shall take steps to provide basic amenities to the residents of the apartment complex as undertaken by them and as indicated in paragraph 17 of their counter affidavit. .(b) With respect to the approach road, Tamil Nadu Housing Board has stated that there is an approach road for the petitioner’s colony from Ambattur Estate and the laying of the road has already been entrusted to the Highways Department at a cost of Rs.46 lakhs. In such circumstances, suitable steps shall be taken by the Highways Department for laying the road so as to enable the members of the petitioner Association to have access to the main road from their apartment complex. .(c) Tamil Nadu Housing Board has also stated that they have taken steps to provide water connection to the apartment complex. In case of such application by the Tamil Nadu Housing Board, CMWSSB shall take early steps for providing water connection to the complex. .(d) Tamil Nadu Housing Board hasalso indicated in their counter affidavit that the cost of providing the metro water connection has to be borne by the petitioners, as the same was not an item included in the tentative cost. It is needless to point out that the necessary charges for metro water has to be paid by the members of the petitioner association incase the same has not been included in the tentative cost arrived at by the Tamil Nadu Housing Board for the purpose of allotment of flats. .(e) As per the report submitted by the respondents 2 and 3, the boundary of the apartment complex has already been demarcated so as to enable the petitioner to complete the construction of compound wall. It was indicated in the report that the sanction plan has also been given to the petitioners. .(e) As per the report submitted by the respondents 2 and 3, the boundary of the apartment complex has already been demarcated so as to enable the petitioner to complete the construction of compound wall. It was indicated in the report that the sanction plan has also been given to the petitioners. In such circumstances, when there was no legal impediment for the petitioners to construct the compound wall, it would be open to them to put up compound wall so as to safe guard their life and property but without committing act of encroachment with respect to the property of neighbours. 14. Responsibility lies in the fourth respond Ambattur Municipality to provide street lights and other facilities, which comes under the purview of the local body. Roads and other facilities entrusted by the Tamil Nadu Housing Board to the Ambattur Municipality shall be maintained by them. Direction given by this Court is exhaustive and it would be open to the petitioners approach the concerned authorities of the Government as well as statutory corporations to provide the basic necessities to make the life of the inhabitants of the petitioner flats a meaningful one. Fundamental duties: 15. While approaching the respondents for providing basic amenities, the members of the petitioner associate must also consider their duties to the Society and it would be impossible for the Government and the local body implement welfare measures unless they receive cooperation from, the public. Everybody is concerned only about the fundamental rights but very conveniently forget fundamental duties of a responsible citizen as provided under Article 51-A of the Constitution of India, inserted the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 1. 1977) as well as by the Constitution (Eighty sixth Amendment) Act, 2002. 16. The writ petition is disposed of subject to the above direction. No costs. W.M.P.No.10525 of 2000 is closed.