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Madhya Pradesh High Court · body

2010 DIGILAW 1194 (MP)

Mohd. Nanhe v. State of M. P.

2010-11-29

R.K.GUPTA, S.R.ALAM

body2010
ORDER S.R. Alam, Chief Justice 1. We have perused the record. 2. In the instant writ petition filed as a public interest litigation the Petitioner has alleged that the inhabitants of New Anand Nagar Housing Board Colony situated at Adhartal within the city of Jabalpur are facing serious inconvenience due to lack of basic amenities such as constant supply of electricity, pure drinking water, drainage, sewerage and poor condition of roads etc. 3. The Petitioner claims to be the President of New Anand Nagar Kalyan Samiti formed by the residents of the locality. It has further been stated that the New Anand Nagar Housing Board Colony, Adhartal was developed by the M.P. Housing Board, Jabalpur. It has been alleged that basic amenities such as proper supply of pure drinking water, electricity, drainage and roads etc, have not been provided in the aforesaid Colony, which causes a lot of inconvenience to the residents of the Colony. In these circumstances the Petitioner has prayed for issuance of directions commanding the Respondents to supply pure drinking water and electricity, and also to maintain drainage, sewerage and roads etc. of the Colony so that the people of the locality can lead a decent and healthy life. 4. The Respondents No. 3 to 5 have filed common return wherein it has been stated that steps have already been taken for providing regular supply of drinking water to the inhabitants of the Colony. It has further been stated that the road conditions are being improved. Steps to remove encroachments over the roads have also been initiated. It has been stated in the return that the Respondents to the best of their ability and resources are doing all the needful to provide basic amenities to the residents of the Colony for more than 20 years. It has further been stated that six employees are looking after the maintenance of sewer lines, manhole chamber and septic tanks and four persons are deputed to look after the supply of water. It has further been stated that the Respondents have constructed cement roads and have also dug three bore-wells 500 ft. deep to provide good quality of water to the residents of the Colony regularly. It has also been stated in the return that tube-well water is being checked regularly in the District Laboratory and it is found fit for drinking purpose. deep to provide good quality of water to the residents of the Colony regularly. It has also been stated in the return that tube-well water is being checked regularly in the District Laboratory and it is found fit for drinking purpose. A copy of the report, dated 27-8-2004 is enclosed as Annexure-R-3/1 in the return. It has further been disclosed in the return that about 150 persons have made encroachment upon the premises in question and for that purpose notices have been issued to the encroachers and steps have been taken to remove the encroachment. It has also been stated that a complaint register is made available in the office. Whenever any complaint is received, employees of the Respondents No. 3 to 5 immediately visit the spot and take steps for necessary repair and to remove defects. 5. On the other hand, the Petitioner has not filed any rejoinder controverting those statements made in the return. 6. Shri P.R. Bhave, learned senior counsel, appearing for the Respondents No. 3 to 5, however, stated before us that all necessary steps have been taken to provide necessary basic amenities to the residents of the Colony He further assured the Court that in future too, the Respondents shall make all endeavour to maintain the supply of pure drinking water to the residents of the Colony and other basic amenities such as roads, sewerage and sanitation etc. so that they can lead a decent healthy life. 7. Admittedly, the aforesaid Colony was developed by the M.P. Housing Board and, therefore, it is the duty of the Respondents Nos. 3 to 5 to provide basic amenities to the residents of the area. 8. In Consumer Education and Research Centre v. Union of India (1995) 3 SCC 42 the Apex Court in paragraph 22 has observed that expression 'life' assured in Article 21 of the Constitution does not connote mere animal existence or continued drudgery through life but it includes the quality of life as understood in its richness and fullness by the ambit of the Constitution. The Apex Court while taking note of the expression of the word 'life' under Article 21 of the Constitution of India further observed that it has much wider meaning which includes right to livelihood, better standard of living, hygienic conditions in the workplace and leisure. The Apex Court while taking note of the expression of the word 'life' under Article 21 of the Constitution of India further observed that it has much wider meaning which includes right to livelihood, better standard of living, hygienic conditions in the workplace and leisure. Therefore, non-providing of basic amenities in the residential colony by the concerned authority or the agency would be violative of Article 21 of the Constitution of India. 9. In State of Himanchal Pradesh and Anr. v. Umed Ram Sharma and Ors. (1986) 2 SCC 68 the Apex Court in paragraph 11 observed that there should be road for communication in reasonable conditions in view of our constitutional imperative and denial of that right would be denial of the life as understood in its richness and fullness by the ambit of the Constitution. 10. In view of the enunciation of law by the Apex Court the basic amenities to the residents of the area are to be provided, otherwise it would be violative of the rights enshrined in Article 21 of the Constitution of India. However, in view of the assurance given on behalf of the Respondents No. 3 to 5 through their learned Senior Counsel that all possible basic facilities/amenities are being provided and Respondents shall continue to provide in future also to the residents of the Colony, we are of the view, that no purpose would be served by keeping this matter further pending and it would be appropriate to dispose of the instant writ petition at this stage with the direction to the Respondents to provide all necessary basic amenities to the residents of the area in question, and they shall maintain roads, drainage and sewerage etc. including supply of potable water. 11. With the above directions, the writ petition stands finally disposed of.