Court emphasizes the right to life includes access to potable water, mandates pipeline connectivity within three months.
In a significant judgment, the Madhya Pradesh High Court at Gwalior has directed M.P. Jal Nigam to ensure pipeline connectivity and supply of potable water to the residential colony developed by Bharat Enterprises at Village Sigora, District Gwalior. The court underscored the provision of basic civic amenities like potable drinking water as integral to the right to life under Article 21 of the Constitution of India.
The writ petition filed by Bharat Enterprises highlighted the inaction on the part of the state authorities to complete external development works, including the laying of necessary water pipelines, despite fulfilling all statutory obligations. The petitioner, represented by Shri Sameer Kumar Shrivastava, argued that the failure of the respondents to provide essential infrastructure violates the statutory obligations under Rule 12 of the Madhya Pradesh Gram Panchayat (Registration of Coloniser Terms and Conditions) Rules, 1999.
The petitioner had obtained necessary permissions and completed internal development works for its residential project, Vaishali Enclave. However, the external infrastructure, including water pipelines, was not provided, leading to the present legal challenge. The court observed that state instrumentalities cannot shirk their responsibilities due to administrative lapses or inter-departmental ambiguity.
Respondent No.2, SADA, argued that it is merely a planning body and does not undertake execution or service provision for water supply infrastructure. However, the court noted that responsibility for water supply now rests with Respondent No.3, M.P. Jal Nigam, following a government order transferring relevant infrastructure to it.
The court, presided by Justice Milind Ramesh Phadke, emphasized the importance of state instrumentalities fulfilling their obligations, stating that the transfer of responsibilities does not absolve them from providing basic amenities. Consequently, M.P. Jal Nigam has been ordered to undertake the work of laying water pipelines to connect the petitioner's colony with the main supply system within three months.
The judgment reinforces the constitutional right to life, interpreting it to encompass access to essential services like potable water, and sets a precedent for ensuring government accountability in infrastructure development.
Bottom line:-
Statutory obligation under Madhya Pradesh Gram Panchayat (Registration of Coloniser Terms and Conditions) Rules, 1999 - Responsibility of State instrumentalities to ensure external development works such as laying of water pipelines - Failure to provide basic amenities violates the right to life under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Madhya Pradesh Gram Panchayat (Registration of Coloniser Terms and Conditions) Rules, 1999, Rule 12
