Civic authorities cannot shirk duty to provide potable drinking water: Bombay High Court

Civic authorities cannot shirk off its responsibilities and duties to provide potable, drinking water to its citizens, the Bombay High Court remarked on Wednesday [Gorai Villages Welfare Association v. Brihanmumbai Municipal Corporation]..The High Court was approached by a resident association from Gorai village, a suburban area of Mumbai. Advocate Mohammed Abdi for the association highlighted the lack of access to clean drinking water from the Brihanmumbai Municipal Corporation (BMC) for around 2,500 families of the region..A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor observed that the municipalities had constitutional status as well as powers under the Municipal Corporation Act. Consequently, it had duties towards its citizens, constitutionally and statutorily.“We are concerned in this PIL not with industrial or commercial water, but potable water use. This has to be given highest priority. State legislatures also state that it is duty of the corporation to construct and maintain means for supplying water for public and private purpose. Distinct duty has been cast constitutionally and statutorily. Thus, municipal authorities are to provide potable water for domestic purposes. No municipality can shirk off its shoulders on the duties cast," the Court said..Senior advocate Anil Singh appeared for the BMC and informed the court that the shortage of water was on account of the construction of a suction tank and pump in the region.He added that once the construction is completed by the end of this year, the difficulties faced by the residents in accessing potable water may substantially reduce.Presently, these areas were getting four tankers every day, he informed..The Court, however, opined that the quantity of water being provided is not sufficient. Therefore, it directed BMC to provide ten tankers of water every day – four in the morning, four in evening and two during the day.“The said water supply of ten tankers shall be ensured. Further, the quality of water supplied shall also be ensured and only properly and appropriately treated water shall be supplied," the Court ordered..[Read order]