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Patna High Court · body

2018 DIGILAW 1616 (PAT)

Sudhir Thakur v. State of Bihar

2018-10-10

ASHUTOSH KUMAR, M.R.SHAH

body2018
JUDGMENT : MUKESH R. SHAH, J. 1. Present writ petition in the nature of Public Interest Litigation has been preferred by the petitioner herein for an appropriate writ, order or direction directing the respondent authorities to ensure the facilities of water supply to the people/residents of Muzaffarpur Nagarpalika for which Rs. 98 crores were provided by the Government. 2. Heard learned Advocates appearing on behalf of the respective parties at length. 2.1. It cannot be disputed and even as per the decision of the Hon'ble Supreme Court in the case of A.P. Pollution Control Board II v. Prof. M.V. Nayudu (Retd.) and others, reported in (2001) 2 SCC 62 , right to access to drinking water is fundamental to life guaranteed under Article 21 of the Constitution of India and duty lies on the State to provide clean drinking water to its citizens. In Paragraphs 3 and 5 the Hon'ble Supreme Court has observed as under:- "3. Drinking water is of primary importance in any country. In fact, India is a party to the resolution of the UNO passed during the United Nations Water Conference in 1977 as under: "All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs." Thus, the right to access to drinking water is fundamental to life and there is a duty on the State under Article 21 to provide clean drinking water to its citizens. 5. There is, therefore, a need to take into account the right to a healthy environment along with the right to sustainable development and balance them. Competing human rights to healthy environment and sustainable development." 2.2. Considering the various counter affidavits/supplementary counter affidavits filed on behalf of the Corporation and the State Government it appears that the State Government has come out with a scheme/project named eq[;ea=h ?kj&?kj uy dk ty ;kstuk In the last supplementary counter filed on behalf of the State Government-Urban Development and Housing Department, Bihar, Patna it has been stated that an amount of Rs. 630.396 lacs under the Mukhya Mantri Sahari Payjal Nischya Yojna in the financial year 2018-2019 has been sanctioned for providing water connection in 4235 houses, laying pipe lines and installation of Mini Pumps in 49 wards of the Muzaffarpur Municipal Corporation and an amount of Rs. 630.396 lacs under the Mukhya Mantri Sahari Payjal Nischya Yojna in the financial year 2018-2019 has been sanctioned for providing water connection in 4235 houses, laying pipe lines and installation of Mini Pumps in 49 wards of the Muzaffarpur Municipal Corporation and an amount of Rs. 527.119 lacs has further been sanctioned during the financial year 2018-2019 for making 11 Water Towers operational under the Muzaffarpur Municipal Corporation. It is stated that the Executive Agency of the aforesaid two schemes is the Muzaffarpur Municipal Corporation. It is stated that the Municipal Commissioner, Muzaffarpur Municipal Corporation vide his Letter No. 1714 dated 27.09.2018 has informed the department that tender process of 44 Groups relating to providing water connection to 4322 houses, laying of Pipe Lines and installation of Mini Pumps in 49 wards have been completed and work orders have already been issued and the time limit for completion of the work is fixed as 4 months. It is pointed out and it is submitted on behalf of the Corporation as well as the State that 50 per cent of the work in the first phase is completed, however, to complete the entire project further 24 months are required. 3. Having heard learned counsel appearing on behalf of the respective parties and considering the counter affidavits/supplementary counter affidavits filed from time to time by the State Government as well as Muzaffarpur Municipal Corporation and as observed herein above that right to access to clean drinking water is fundamental to life, the projects which have already been commenced should be completed at the earliest so that the people of Muzaffarpur Municipal Corporation may get the clean drinking water through pipelines at their door step and even under the eq[;ea=h ?kj&?kj uy dk ty ;kstuk vkSj eq[;ea=h 'kgjh is;ty fu'p; ;kstuk at the earliest, we dispose of the present writ application at this stage by directing the Municipal Commissioner, Muzaffarpur Municipal Corporation to complete the projects and the schemes for supply of clean drinking water under the eq[;ea=h ?kj&?kj uy dk ty ;kstuk vkSj eq[;ea=h 'kgjh is;ty fu'p; ;kstuk at the earliest and preferably within a period of 15 months from today. 3.1. With this, the present writ petition stands disposed of at this stage.