Indore water contamination: MP High Court orders judicial inquiry, directs daily testing of water

The Madhya Pradesh High Court on Tuesday appointed its former judge, Justice Sushil Kumar Gupta, as a one-man commission of inquiry to look into the issues relating to water contamination in Indore's Bhagirathpura where several deaths have been reported in recent weeks [Mahesh Garg and Others v. State of Madhya Pradesh and others]

A Bench of Justices Vijay Kumar Shukla and Alok Awasthi took note of the allegations that sewage mixing, leakage in the pipeline and failure of civic authorities to maintain portable water standards have led to the outbreak of water-borne diseases.

Photographs, medical reports and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the bench said.

"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion that the matter requires investigation by an independent, credible authority," it added.

Pertinently, the Court directed daily water quality testing and holding medical camps in the affected areas.

The order was passed on a batch of writ petitions relating to the water contamination in Bhagirathpura (Ward No 11 of Indore Municipal Corporation) and other areas.

While the State said that out of total 23 deaths, only 16 were on account of the water contamination, the petitioners and media reports said the death toll was about 30.

Considering the discrepancies in the State audit, the Court appointed the commission and asked it to file a report on the cause of contamination and number of actual deaths reported in the area.

Further, the commission will examine the nature of diseases and also report on the adequacy of medical response and preventive measures taken.

Besides suggesting immediate steps required to ensure safe drinking water, the commission has also been asked to identify and fix responsibility upon the officers and officials found prima facie responsible for the Bhagirathpura water contamination incident.

It will also suggest guidelines for compensation to the affected residents, particularly vulnerable sections.

The Court directed that all the State authorities including district administration, Indore Municipal Corporation, Public Health Engineering department and Madhya Pradesh Pollution Control Board shall extend full co-operation and provide records to the commission.

The State government was also asked to provide office space, staff and logistical support to the commission.

"The Commission shall submit an interim report after four weeks from the date of commencement of proceedings," the Court ordered, while listing the matter for hearing on March 5.

The Court had earlier directed the State to ensure immediate supply of safe drinking water through tankers or packaged water at government cost to the affected areas. It had also ordered replacement and repair of pipelines, especially where sewer lines and water lines run parallel.

On Tuesday, the State told the Court that the interim directions are being complied with strictly, and a High Level Committee has been appointed to inquire into the causes of contamination of drinking water in Bhagrathpura.

However, the counsel representing the petitioners challenged the submission and argued that setting up of the committee was mere eyewash, meant to save the negligent officers.

Senior Advocate Ajay Bagadia along with advocates Saily Purandare, Aditya Pratap Singh, Manish Yadav, MS Chandel, Ritesh Inani and Anil Ojha appeared for the petitioners.

Additional Advocate Generals Rahul Sethi and Ashish Yadav with Deputy Advocate Generals Sudeep Bhargava, Shrey Raj Saxena and Kushagra Singh along with Government Advocate Aditya Garg appeared for the State.

Advocate Rishi Tiwari appeared for the Municipal Corporation.

[Read Order]